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 October 16, 2022

Supreme Court refuses to hear challenge to law determining if unborn have Constitutional rights

The U.S. Supreme Court made the correct decision overturning Roe v. Wade. Now there are other questions that have arisen from it.

The high court refused to hear a challenge to a Rhode Island law that would determine whether the unborn have Constitutional rights, the Daily Wire reported. Attorneys for the two pregnant women and the Catholics for Life group claimed overturning Roe opened fresh arguments about it.

In 2019, the plaintiffs sued over a state law that would enshrine the right to abortion. At the time, the Rhode Island Supreme Court dismissed them on grounds they lacked standing.

Once Roe was overturned, the plaintiffs hoped the U.S. Supreme Court would take a second look. "This Court should grant the writ to finally determine whether prenatal life, at any gestational age, enjoys constitutional protection – considering the full and comprehensive history and tradition of our Constitution and law supporting personhood for unborn human beings," they wrote.

The court officially declined the case Tuesday, which pleased Rhode Island Gov. Daniel McKee. "Governor McKee believes that we should be expanding access to reproductive healthcare for women," the Democrat's spokesman Matt Sheaff said in a statement.

Sheaff also promised McKee "is committed to using his veto pen to block any legislation that would take our state backwards." However, the petitioners saw it as addressing an important unanswered question.

In the June opinion in the case that overturned Roe, Justice Samuel Alito wrote that the court would not say "if and when prenatal life is entitled to any of the rights enjoyed after birth." The plaintiffs in the Rhode Island challenge asserted that the decision opened the door to do just that.

When Roe was overturned, the issue of abortion went back to the states. However, if the unborn have a Constitutional right to life, then abortion must be outlawed throughout the nation.

Written By:
Christine Favocci

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