Upholding Abortion Limits While Preserving The Privacy Right Under Roe V. Wade, The Supreme Court Could Redefine When A Fetus Becomes A Person
Morgan Marietta, University of Massachusetts Lowell
Since the Supreme Court recognized a constitutional right to abortion almost 50 years ago, a powerful legal movement has sought to overturn the ruling, while abortion rights advocates have fought to protect it.
On Dec. 1, 2021, the court will hear a case many believe will force the conservative justices — who now command a majority of the court — to decide if they will strike down Roe v. Wade or uphold the long-standing precedent.
There is a third path the justices could take. The court may focus its ruling on a more neglected aspect of the ruling in Roe — the court’s understanding of the facts of fetal personhood.
Roe not a monolith
There are two separate rulings in Roe:
1) The Constitution protects a right to privacy, which encompas...