In support of this, they outline at length and in detail the well- known facts of fetal development. The appellant conceded as much on reargument. The word also appears both in the Due Process Clause and in the Equal Protection Clause. 2, and the superseded cl. But in nearly all these instances, the use of the word is such that it has application only postnatally.
None indicates, with any assurance, that it has any possible pre-natal application.
This is in accord with the results reached in those few cases where the issue has been squarely presented. This conclusion, however, does not of itself fully answer the contentions raised by Texas, and we pass on to other considerations. 51 Tr. of Oral Rearg. 52 Tr. of Oral Rearg. We are not aware that in the taking of any census under this clause, a fetus has ever been counted.