It's too late to start that discussion in earnest. You're point is arguable for sure. I sometimes equate in my mind the Scalia position on abortion with the Stephen Douglas position on slavery, known back then as "popular sovereignty." I'm sure you remember that. Let the states decide. The abolitionists of course hated it, and so did the slaveholding hotheads. They wanted either an absolute right for or against. In the end, the question was finally settled, after a bloody war, by constitutional amendment. I believe that will ultimately, and perhaps appropriately, close the issue. Or will it?
you're=your. it's late.
Indeed.
Our friend EV makes a very valid point regarding Amendment V. It says "No person". Therefore the question is 'what is a person?'. Personally, I think that a fetus is indeed a 'person' encompassed by Amendment V and is obviously entitled to all the protections regarding 'life, liberty, and property.'
However, I doubt that this SCOTUS, or any SCOTUS likely to be sitting in my lifetime will make such a sweeping ruling. What I do think is an attainable goal is for the next SCOTUS to rule that Roe was and is a hideous ruling and overturning it.
Then, the abortion question would return to the status quo ante. Simply put, the 'several states' would be able to regulate it as they see fit. To my mind, this would be a huge improvement over what we have today.
Some states would, quite rightly to my mind, ban the procedure entirely. Other states would allow it with some restrictions, and one or two would allow it almost without any restrictions.
Now, at the risk of starting a fight which I can't finish this eventing, I say that that would be a huge step forward. To get SCOTUS to at least admit that a mistake was made of the magnitude of Dred Scott would be the judicial event of a lifetime.
I for one could die satisfied knowing that such a step in the right direction was taken.
It may take a generation, or even two for the SCOTUS to finally rule that a fetus is indeed a 'person' and as such cannot be deprived of 'life' without judicial process. But, I'll be happy to see the small step in the right direction taken.
If SCOTUS rules that Roe was a mistake, and returns the matter to the several states, that will still save millions of lives. And that my friend, would be a very good thing.
A journey of a thousand miles, starts with a single step after all.
Now, to close my rather long winded reply I wish you and yours a most joyful Thanksgiving.
Warm regards,
L