A group calling itself Catholics for Life has already asked the supreme court to declare fetuses and embryos to be persons under the 14th amendment, a move that would grant them constitutional rights. From there, “it’s a short step to saying that laws allowing abortion are unconstitutional because they deny equal protection to those persons that are unborn human beings,” the Berkeley Law School dean, Erwin Chemerinsky, told Ms magazine. “I believe that there may be a majority on the Court to take that position.” The unelected, lifetime-appointed judges on the court could extend their assertion in Dobbs that it’s legal to ban abortion, and instead say that it’s actually illegal to allow it. To get that outcome, the Republicans don’t need to win even one more vote.
Read more at The Guardian