[eastsider]

Isn't the XIV Amendment -- or at least SCOTUS' literal interpretation of its phrase "all persons born" -- the structural difference between a federal ban on infanticide and a federal ban on abortion?

[CharlesWayneCT]

I believe you are correct. We were able to ban partial-birth abortion because the court decided it was more like killing the baby than an abortion. Roe itself was an exercise in line-drawing, in that it allowed for some differences in handling abortion based on trimesters.