Are we close to the end of Roe v Wade and if so what happens next? HotAir

I m intentionally opening a big can of worms here which I know I can t do justice in 1,500 words or even twice that, but there s an interesting argument going on about what happens to Roe v Wade now that there is a 6-3 conservative majority on the Supreme Court.

What kicked this off was a piece published by the magazine First Things in which Law Professor John Finnis argued it was time for pro-lifers to push for a fetal personhood argument based in the 14th Amendment, i.e. make abortion unconstitutional. That s different from the argument from the one that many pro-lifers have made over the years which has been more along the lines of we should overturn Roe v. Wade so we can return the argument to the states.

This new argument raises a bunch of interesting questions, staring with why move the goalposts when the original goal (overturning Roe) seems within reach? Earlier this month, Ross Douthat wrote a column at the NY Times suggesting some possible answers:

via hotair.com

Could you really get 5 Justices to vote to overturn Roe v. Wade? I doubt it. If that’s true, this is just theoretical.