A better comparison would have been to an unconscious person, say after a bad car accident injury. I mean, both unconscious and unborn people become conscious if you just wait a while. If you don’t kill them first.
Anyhow, Justice Sotomayor could have said that the Constitution says you can kill an unconscious person, just like you can kill an unborn person. Its because of equal protection of the laws. 14th Amendment
The MS Solicitor General made a great point that there is no Constitutional right to kill a person. Sotomayor, Kagan and Breyer are all gushing about “bodily autonomy” and “undue burden on woman”. Coney Barrett got a good dig in about the same case being made about vaccines.
Thomas, Alito, Kavanaugh, and Gorsuch so far seem on board with siding with MS. All we need is one more.