Is there a Constitutional lawyer in the house? [View all]
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?
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