Is there a Constitutional lawyer in the house?

[Thunderbeast]

OK...Assume that the Fedralist Society and the theocrats have succeeded in overturning Roe vs. Wade by rendering the "right to privacy" as fiction. Ruth Beder Ginsberg was ALLWAYS worried that this construct was to weak to preserve a constitutional right. She believed that an argument under the equal protection clause of the 14th Amendment would be more resilient. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws". It mandates that individuals in similar situations be treated equally by the law. (from Wikipedia). How would this provision help the cause of abortion rights?

What if a pregnant "Ruth Roe" filed suit in Mississippi TODAY challenging the state's abortion restriction based on violation of the "equal protection" clause. Would SCOTUS then need to tie themselves into a pretzel to support the law? Would the five ideologues still support the abortion bans without shame using new fiction?

[PoliticAverse]

1. For anyone that wants to know more about Ginsburg's opinion ...

on the applicability of the equal protection clause, you can read this long article...
https://www.history.com/news/ruth-bader-ginsburgs-landmark-opinions-womens-rights-supreme-court

[exboyfil]

2. Equal protection

The law against abortion applies equally to men.

They just don't happen to get pregnant.

Not saying I like it, but I suspect that would be their argument.

[PoliticAverse]

3. It's 2022, men get pregnant. Pregnant men even have their own emoji now. n/t

[allegorical oracle]

4. Not a lawyer, but there is a federal HIPAA law that restricts access to patients' medical

records without a patient's consent. It passed in 1996. Couldn't this Congress bulwark those protections by ensuring the law specifically protects patients' reproductive records? Insurance companies have access to those records, but the amended HIPAA law could make it a certain, serious offense if an insurance company divulges private information. Believe some Rep. female Senators and Representives might vote for it.

[hlthe2b]

5. "Abortion not mentioned in constitution, neither is "woman" But Alito is wrong. 13th Amendment

is the argument to attack this because forcing a woman to carry a pregnancy to term is enslavement.

Others are beginning to point this out, but the outlaw of slavery is the argument: the 13th Amendment abolished slavery & involuntary servitude. Forcing a woman to bear a child is involuntary servitude. No one has a right to use someone else’s body against their will, even if it saves a fetus.