IT'S NOT
U.S. Supreme Court declines to hear case of whether a fetus is a 'person'

Sarah K. Burris
October 11, 2022

US Supreme Court (supreme.justia.com)

One of the conversations that has started since the Supreme Court decided to eliminate Roe v. Wade is the argument of "personhood" and whether or not a fetus is considered a person and at what stage of development it becomes a "person." Tuesday, the Supreme Court said that they weren't going to take it up just yet.

In Texas, one woman has been using the carpool lane arguing that because she is pregnant, there are two people in her car. She's actually won protests of tickets as a result.

The idea of "personhood" brings up a lot of legal questions. Would it change the age of everyone, meaning people could qualify for Social Security and Medicare sooner? Could 15-year-olds demand driver's licenses sooner? Can families on assistance declare the fetus in requests for aid? Would parents-to-be declare the dependents on their taxes before they're even born?

The Supreme Court said that they wouldn't hear the case. In their Dobbs decision ruling, they said that the issue of abortion should be left up to the states. Taking on the personhood issue would be the federal government making that decision across the board. But it's going to cause issues, particularly when it comes to declaring dependents on taxes.“

This Court should grant the writ to finally determine whether prenatal life, at any gestational age, enjoys constitutional protection – considering the full and comprehensive history and tradition of our Constitution and law supporting personhood for unborn human beings,” the anti-choice petitioners wrote in their request for the High Court.

But the court declined to weigh in and didn't comment on why.

In court on Tuesday, the Justices were dealing with an interstate commerce issue over whether California can have standards for pork that other states do not and if those other states have to abide by the California requirements to sell to California. While the issue is about pork and the treatment of pigs and abuse of animals, the issue is also about abortion. It begs the question of whether a state can ban one of its citizens from going to another state for an abortion.