It may be only a matter of time before pro-life legal efforts turn toward getting the Supreme Court to recognize the constitutional rights of the fetus, JeannieSGersen writes.
In 2003, when the Supreme Court held, in Lawrence v. Texas, that criminalizing gay sex was unconstitutional, it insisted that the decision had nothing to do with marriage equality. In a scathing dissent, Justicewrote, “Do not believe it.
Idaho became the first state to enact a Texas-inspired law. Idaho’s law bans abortion after about six weeks, and allows family members of the “preborn child” to sue a provider who performs an abortion. The law was passed last month, but Idaho’s Supreme Court has temporarily blocked it from taking effect. Missouri has introduced a bill that allows private citizens to sue an out-of-state abortion provider, or even someone who helps transport a person across state lines for an abortion.
A Supreme Court decision overturning Roe would seek to justify itself on the ground that it allows states to resolve the issue of abortion for themselves, through democratic processes, rather than by having a resolution imposed on them. At that point, it will be tempting to echo Justice Scalia’s “Do not believe it” warning.
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