Without the recognition of the personhood of the child in the womb (which Blackmun denied), and their resultant protection by the Fourteenth Amendment, (which even Blackmun admitted if they are PERSONS) you have no means to even “overturn” Roe much less stop abortion. You’ve surrendered from the get-go. You’re in the mental trap which has allowed for the violent and vicious destruction of tens of miillions of American children.
Nah. Very few people with brains actually think that Roe had any legal legs to stand on. The Court could merely state, “The reasoning of Roe was badly flawed, the refusal of the people of the United States to accept this badly flawed decision is evidence of that, we therefore vacate Roe and return to the status quo prior to Roe.”
One of the alleged effects of settled legal doctrine is acceptance by the people. It's easy for justices to say that this hasn't happened in the 36 years since Roe since... it HASN'T happened. And thus, Roe does not legitimately belong to the realm of those decisions that should enjoy stare decisis.
And there are probably four votes on the Court RIGHT NOW who would vote in that way.
On the other hand, I'm not sure that there are any willing to interpret the 14th amendment as you suggest. If someone presented the argument, maybe Justice Thomas? Maybe not.
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