How quickly are we likely to see fetal personhood laws/challenges pushed to the Supreme Court for a ruling?
Fetal personhood laws or challenges could potentially make their way to the Supreme Court sooner than we think, especially as states push to expand restrictions on abortion in the wake of the Dobbs decision that overturned Roe v. Wade. The far-right has been pushing for laws that define a fetus as a person with full legal rights, which would drastically change the landscape of reproductive rights and could lead to challenges that end up before the Supreme Court.
Timeline:
State-Level Action: We’re already seeing states like Texas and Arkansas introduce laws or constitutional amendments defining personhood, which could lead to immediate legal challenges. These laws typically face pushback from pro-choice and infertility groups, and lawsuits could go through the courts quickly—sometimes in a matter of months or a couple of years.
Supreme Court Challenges: If a state’s fetal personhood law passes and is upheld at the state level, or if a lower court’s decision is appealed, there’s a chance the Supreme Court could decide to hear the case. If the Court agrees to take it up, it could be within a few years. The Court has a history of taking high-profile cases that deal with major legal and constitutional issues, so this one is likely to make its way there at some point.
Political Climate: The speed with which these laws are challenged and potentially heard by the Supreme Court depends on how quickly the legal landscape changes in different states. If more states pass similar laws, it could create a wave of cases that move through the courts rapidly, pushing it toward the high court faster.
In short, the Supreme Court could be asked to rule on fetal personhood laws sooner than expected. It’s a major issue, so once it’s brought before the Court, it could have a significant impact on reproductive rights in the U.S.
