The Supreme Court turned away a dispute over whether the unborn are entitled to constitutional protections, sidestepping an issue that could be at the center of the next big battle over abortion.
from two pregnant women, filed on behalf of their then-unborn fetuses, and a Catholic organization of a Rhode Island Supreme Court decision. The state court left intact a Rhode Island abortion rights law and found the unborn babies, Baby Mary Doe and Baby Roe, did not have legal standing to challenge the law because they were not"persons" under the 14th Amendment.
The two women, who were 15 weeks and 34 weeks into their pregnancies when they sued on behalf of their unborn babies, filed a lawsuit in Rhode Island Superior Court in June 2019, arguing the state's abortion rights bill was unconstitutional. The Rhode Island Supreme Court, however, ruled against the women, leaving the measure in place.
The women urged the Supreme Court to review the constitutionality of the Rhode Island measure in light of its decision last spring in Dobbs v. Jackson Women's Health Organization, which rolled back the constitutional right to an abortion. The petitioners argued the questions presented in the case"do not require this court to decide any 'theory of life.'"
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