Tim Sackton via Flickr

In the first major abortion case following the Dobbs decision overturning Roe v. Wade, the Supreme Court refused a case from Rhode Island about whether unborn babies have a right to life. Pro-life groups have long made the case that unborn children have a right to life under the 14th Amendment, with the hope that the Supreme Court would someday recognize that right. The Supreme Court said Tuesday it will not take up Jane Doe et al. v. McKee, a case brought by two parents on behalf of their unborn children and the organization Catholics for Life against Rhode Island Gov. Daniel McKee (D) and the state’s government.

The lawsuit challenged Rhode Island’s law that upholds abortion rights and argues that fetuses and embryos, regardless of their gestational age, are entitled to due process and equal protection rights under the Constitution. Petitioners brought the case after it was dismissed in a lower state court and the Rhode Island Supreme Court affirmed that ruling, finding the plaintiffs did not have standing to bring the case because fetuses do not have due process rights under the Constitution.

The Fourteenth Amendment says that no state shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Many lawyers and scholars see unborn children as “persons” under the 14th Amendment’s equal protection clause, and state-level homicide laws therefore cannot discriminate by protecting live people but not unborn people.

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Jane
Jane
1 month ago

If humans aren’t even allowed the basic right to be born, nothing else matters. To kill another human being is murder. Period.

Philip Hammersley
Philip Hammersley
1 month ago
Reply to  Jane

I would add the word “innocent” in front of “human being.”

Jane
Jane
1 month ago

Agreed!! But, all unborn children are innocent, but I completely agree that innocent human adults and older children are also included.

mellie
mellie
1 month ago

COWARDS! “Supreme Court” my foot! They’re useless!

Mom Purington
Mom Purington
1 month ago

What is this “standing “ crap? They used this term during the election fraud. So all 9 justices make that decision? Now they are “fetuses “ not babies?! So sick I can hardly speak 😡😡👎👎

Tom Streets
Tom Streets
1 month ago

The DNA of the zygote/fetus/baby is different from the DNA of the mother; proving it to be a different person.The blood type is often different from the mother. The sex is different from the mother in nearly half of all pregnancies. The race can possibly be only half identical to the mother. The left or right handed ness is sometimes different from the mother. The colors of eyes and hair are often different from the mother. All of these factors PROVE that the baby is a different person from the mother. The baby requires supply of oxygen, water, and nutrients; as well as requiring elimination of waste products (urine, feces, dead cells, and more) thus proving that the baby is a living organism. The baby has begun the natural progression of development toward maturity; which does not end until old age or an otherwise CAUSED death. This process is natural, from conception forward; until decay and passage out of physical life.
It is utter NONSENSE to not recognize this living organism as being a living being, a PERSON, a human being !!!
Tom Streets

Stephen Russell
Stephen Russell
1 month ago

Is USSC IN ON killing newborns??

Mychalsmom
Mychalsmom
1 month ago

What a bunch of cowards!

RAA
RAA
1 month ago

What aspect of the Constitution discriminates against fetuses’ due process rights? Clearly the only real difference between a viable fetus and a newborn is the act of birth (natural or caesarean). They are really no more or less dependent on the mother (parent) before or after birth, it’s nothing more than location. If a “premature” birth creates a human being with due process rights, why does a fetus of the same gestational age not have those same rights?

DennisBAnderson
DennisBAnderson
1 month ago

Women have all the protection they need now get off of it. You, Democrats, have nothing else to run on besides racism and abortion. You want mobile abortion clinics set up at State Parks? HA-HA-HA That will never wash. Will you jerks please go away. I know how about saving billions of taxpayers` dollars. Bring back Biden from the Twilight Zone and say= Biden – Biden are you in there. I will say this very slowwwwwwly close our southern borders.China in the recent past was telling its people if they could or could not have a child. The Democratic party brought this up not the American women. Everyone will climb on board if things are free.

Alan
Alan
1 month ago

The Court showed some sound judgement here.