NEW: Supreme Court declines to decide whether fetuses are entitled to constitutional rights in light of its June ruling overturning Roe v. Wade.
affecting fetuses starting at around six weeks of pregnancy, that would grant fetuses before birth a variety of legal rights and protections like those of any person.
The Rhode Island Supreme Court relied on the now-reversed Roe precedent in finding that the 14th Amendment did not extend rights to fetuses. The Roe ruling had recognized that the right to personal privacy under the U.S. Constitution protected a woman’s ability to terminate her pregnancy. The old Rhode Island laws included a criminal statute, predating the Roe ruling, that had prohibited abortions. After the Roe ruling, a federal court declared that Rhode Island law unconstitutional, and it was not in effect when the Democratic-led legislature enacted the 2019 Reproductive Privacy Act.
Gina Raimondo, a Democrat who was the state’s governor at the time and is now President Joe Biden’s commerce secretary, signed the 2019 law, which codified the then-status quo under Roe in terms of abortion rights. More than a dozen states have enforced near-total abortion bans since the Supreme Court’s abortion June ruling in a case called Dobbs v. Jackson Women’s Health Organization.
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