Instead of taking the juciciary approach, we need to take a legislative approach. How is this possible?
What is the Blackmun Hole?
The following is a quote from Blackmun, in the majority opinion of Roe v. Wade:
"The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, [410 U.S. 113, 157] for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. 51 On the other hand, the appellee conceded on reargument 52 that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.
The pregnant woman cannot be isolated in her privacy. She carries an embryo and, later, a fetus, if one accepts the medical definitions of the developing young in the human uterus. See Dorland's Illustrated Medical Dictionary 478-479, 547 (24th ed. 1965). The situation therefore is inherently different from marital intimacy, or bedroom possession of obscene material, or marriage, or procreation, or education, with which Eisenstadt and Griswold, Stanley, Loving, Skinner, and Pierce and Meyer were respectively concerned. As we have intimated above, it is reasonable and appropriate for a State to decide that at some point in time another interest, that of health of the mother or that of potential human life, becomes significantly involved. The woman's privacy is no longer sole and any right of privacy she possesses must be measured accordingly.
We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer."
Basically, if personhood were ever granted to the unborn, Roe would collapse; the pro-abortion arguments would fall apart. Roe avoided this question. Of course, embryology is much more advanced now than it was in 1973. It is for this reason that the legislative branch has the power to overturn Roe. This approach has more promise because the legislature is elected more directly by the people and sees a more frequent turnover.
Who is Personhood USA?
Personhood USA is taking the approach the antiabortion movement should have taken all along. There sole purpose is to grant legal personhood to the unborn. Microsoft is a legal person, but an unborn child is not! They aim to fix this.
Please comment on this post if you are an Ohioan and interested in putting a Personhood Amendment on the ballot.