Conservatives now have a 6-3 majority on the high court. We don’t yet know if these justices are willing to strip abortion rights from the federal Constitution, sending decision-making back to the states for the first time in 48 years. But among conservative intellectuals, this is now the milquetoast option, with another line of argument fast gaining ground.
The more extreme argument goes like this: The 14th Amendment gives “equal protection of the laws” to all persons. Genetics as well as ultrasound technology tell us that fetuses and even embryos are human beings and hence persons. The 14thAmendment therefore protects unborn life, rendering every state law permitting abortion unconstitutional. Instead of sending abortion back to the states, pro-lifers should thus be working to convince conservative justices to use the equal protection clause to ban abortion outright, from conception on, throughout the entire United States.
That is where the pro-life movement is headed — and the rest of the country better be ready for it.