[lehighguy]

Why did the legislator decide that the fetus was worth protecting. If not because they thought it a life, then perhaps because they intended to wear it as a hat.

I still think the court would strike down the law if it was resubmitted declaring a fetus that far developed "alive". The court can simply declare "no it isn't" and case closed. That's effectively what they did by striking down the law. What can congress do? What can the American people do? Nothing. And if it's a living constitution where the justices can interpret it however they choose, what arguement can you come up with the say otherwise.