The movement is planning a system in which every pregnant woman will be forced to carry pregnancies to term
Next stop for a post-Roe anti-abortion movement: fetal personhood. Photo: Alex Wong/Getty Images These are high times for the movement to abolish the constitutional right to an abortion. It has long since conquered one of our two major national political parties, with the exception of two Republican women senators who remain on the movement’s list of primary targets.
Not necessarily. Truth is, hardly anyone has ever joined the anti-abortion movement out of passionate support for states’ rights. Sure, in the immediate shock of Roe v. Wade, the idea that a policy matter controlled by state laws since time immemorial would instead be dictated by the federal courts seemed alien. But 48 years later, that shock has surely faded.
But securing a constitutional amendment these days isn’t just problematic. The process — with its requirement of a proposal by a two-thirds vote of both houses of Congress and ratification by three-fourths of the states — has made the prospect all but extinct for anything remotely controversial. So unsurprisingly, support has grown steadily among anti-abortion advocates for securing protections for “human life” by the same means once used to strip them away: the Supreme Court.
The idea that the congressional devisers of the 14th Amendment thought the term persons included zygotes is preposterous, says Epps. But as a strategic matter, getting an increasingly conservative Court with members closely associated with the anti-abortion movement to adopt the Human Life Amendment by judicial fiat makes excellent sense, at least as a goal.
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