Petition charges due process and equal protection should apply
(Photo by Senjuti Kundu on Unsplash)
It's because the Dobbs decision that struck down Roe, while an advance from the old precedent's claim that there was a right to abortion in the Constitution, simply left the unborn unrecognized.
It is a report in CourthouseNews that said the fight already is pending before the Supreme Court.
"Catholics for Life and two pregnant people filing on behalf of their fetuses are asking the court to reevaluate who, in light of the justices’ June ruling, is covered under the 14th Amendment. Their petition asks if fetuses are entitled to due process and equal protection rights in the Constitution," the report explained.
Diane Messere Maggee, a lawyer, said in the petition, "As this Court held in Dobbs, abortion laws are different from all others. Do unborn human beings, at any gestational age, have any rights under the United States Constitution? Or, has Dobbs relegated all unborn human beings to the status of persona non grata in the eyes of the United States Constitution — below corporations and other fictitious entities? No state court or legislature can answer this question. Only this Court can — as the final arbiter of what the United States Constitution means."