[LWalk18]

Actually, you don't. You simply need a basic determination -- either through scientific means or through cultural acceptance -- that an unborn child is a person. That's exactly why the Federal government would have the power -- actually the obligation -- to outlaw abortion under the 14th Amendment.

So you support the Court creating a right merely based on science? I would argue that is for the legislature and state to do via Constitional Amendment.

[Alberta's Child]

Every law has some basis in "science" whether we recognize it or not. The mere fact that a medical examiner is needed to determine the time or manner of death in a murder case makes this obvious.

[Fatalist]

So you support the Court creating a right merely based on science? I would argue that is for the legislature and state to do via Constitional Amendment.

They wouldn't be creating a new right, but rather using science to determine whether an existing right applied to a given group.