It was updated Oct 11, 2022, 10:48am.
The Supreme Court declined Tuesday to hear a case that would have granted constitutional rights to embryo and fetus, as well as allowing anti-abortion advocates to impose greater limits on abortion.
The Supreme Court decided not to take up the case.
The lawsuit challenged Rhode Island's law that upholds abortion rights and argued that fetuses and embryos are entitled to due process and equal protection under the constitution.
In light of the June ruling in Jackson Women's Health Organization, the anti-abortion challengers requested the court to take up the case.
The Rhode Island Supreme Court upheld the lower state court's ruling that the case did not have standing because the fetus did not have due process rights.
Legal rights for fetus, known as "fetal personhood" protections, are the next step beyond abortion bans and would mean that abortion could be classified as murder.
The lead attorney has yet to respond to the request.
The laws regarding abortion are different from other laws. In their petition to the Supreme Court, the challengers asked if unborn humans have any rights under the constitution. All unborn human beings should be considered to be persona non grata in the eyes of the United States Constitution.
The Fetal Personhood issue could still be considered by the Supreme Court. The 6-3 conservative court didn't comment on the case on Tuesday, so it's not clear if they'd be willing to hear a similar challenge.
Fetal personhood rights have become a bigger issue since the Supreme Court's decision in June. According to the New York Times, the personhood language in state law that includes the fetus regardless of the woman's age can now have more practical consequences. Fetals are now considered to be dependents who are eligible for tax credits in Georgia. Fetal personhood protections could have far-reaching effects, including criminalizing in-vitro fertilization, birth control methods and abortions due to medical emergencies, according to abortion rights advocates. While people who get abortions are shielded from criminal liability in abortion bans that have been enacted so far, abortion rights advocates believe fetal personhood laws could lead to pregnant people being charged as well.
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