Today’s Supreme Court decisions have major implications for Roe v. Wade and Doe v. Bolton. In the DOMA case, the Supreme Court found that the federal government must respect the rights of states to determine their own laws protecting the “rights” of their citizens, citing the ‘equal protection’ clause of the 5th Amendment. This begs the question “Where is the equal protection for pre-born babies?”
In the Prop 8 case, the Court decided to not repeat the mistakes of Roe. They did not overturn the duly enacted laws of states with a sweeping declaration like they did with Roe. They found that the federal government does not have a compelling interest to make a sweeping declaration on equal protections.
The same logic should be applied to Roe. And the Supreme Court should follow its own principles set forth in these cases to overturn Roe v. Wade and Doe v. Bolton and turn those decisions back to the states to extend equal protections to pre-born babies.