The Corner

What If Roe Were Overturned as ‘Too Restrictive?’

I have been following Michael’s opinions about what could happen if Roe v. Wade is overturned. But as I wrote over at Human Exceptionalism, I think there may be an outside possibility — if President Obama appoints two more Ginsberg-type Supreme Court justices replacing the likes of Thomas and Scalia — that Roe could fall from the other side, that is, because Roe and its progeny are unduly restrictive to the abortion license.

Remember, Roe’s trimester scheme is predicated on the subjective nature of when “human life” begins. Yet, many in bioethics now assert that being “human” is morally irrelevant to a right to life. What matters is personhood, and embryos and fetuses don’t qualify. I am thinking about this and planning a longer commentary, but if anyone is interested in my initial thinking about how this could come about, here’s the link.

Wesley J. Smith — Wesley J. Smith is a senior fellow at the Discovery Institute’s Center on Human Exceptionalism.

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