Currently, the United States courts generally view “personhood” as beginning at birth unless otherwise defined. Some states including California allow homicide convictions of a fetus. However, under Roe v. Wade, the Supreme Court held that the fundamental right to medical privacy is more important than the protection of a fetus. That is because under the United States Constitution, there is no clear cut definition on whether an unborn child has a fundamental right to life.
Currently, the United States courts generally view “personhood” as beginning at birth unless otherwise defined. Some states including California allow homicide convictions of a fetus. However, under Roe v. Wade, the Supreme Court held that the fundamental right to medical privacy is more important than the protection of a fetus. That is because under the United States Constitution, there is no clear cut definition on whether an unborn child has a fundamental right to life.
If the United States ratifies the Twenty-Eighth amendment which would state that a person is defined at conception, viability, or at an arbitrary time after conception, the ruling would be different. The fetus at that point would have a fundamental right to life which the Supreme Court should find to be superior to the fundamental right of medical privacy. Then, the anti-abortion laws would be upheld.
No federal or state “personhood” statute would defeat Roe v. Wade. However, if American people strongly enough believe that personhood should be defined at a time prior to birth, Roe v. Wade would be over-ruled and anti-abortion laws would be deemed constitutional. It is difficult to amend the Constitution but if people are adamant enough about the issue, it can be done.
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