Catholic activists say the Supreme Court should take up the issue of fetal personhood in light of the overturning of Roe v. Wade this summer in an attempt to establish prenatal rights nationwide.
reads, “which left unresolved the tensions between the Tenth Amendment, federalism, and any surviving constitutional guarantees for the unborn."standards, thus repealing other statutes that placed limits on abortion.
The petitioners lost their request for an injunction in lower court battles and later amended their complaint to challenge the state legislature's authority to implement the abortion protections measure. They also sought to obtain a declaration of their rights they claim were lost when the RPA took effect. The state filed for and received a dismissal. Petitioners have repeatedly lost appeals in their attempt to ascend to higher courts.
“Viewing the allegations in their pleadings in the light most favorable to the adult plaintiffs, we are of the opinion that they lack standing to bring this action under any conceivable set of facts,” the state Supreme Court wrote in its in May. “[T]he unborn plaintiffs fail to assert a legally cognizable and protected interest as persons pursuant to these repealed statutes, which are contrary to the United States Constitution as construed by the United States Supreme Court.”
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