That is the title of this recent essay by John Finnis in the April 2021 issue of First Things. Here is his concluding paragraph in support of constitutional personhood and the unconstitutionality of laws permitting abortion:
“A break in the nearly half-century silence on the Court about all these matters would enhance respect for law, for historical meaning and constitutional commitment, and for the order of things that underpins our common humanity. On the question whether, under the Fourteenth Amendment as it stands, the unborn from their conception onward are persons entitled to the protection of its due process and equal protection clauses, there is only one right answer. That the Court’s adoption and declaration of that answer would meet unimaginable resistance does not render it nonjusticiable. And though the pertinent bio-philosophical assessments in no way depend upon religion and are even better supported by scientific knowledge than they were in the era of Lincoln and Reconstruction, the pertinent historical-juridical assessments are indeed fully justiciable in kind. Giving judgment in line with them would ratify the legislative judgment made by the great majority of the legislatures that adopted the Fourteenth Amendment: that prohibiting the killing of the unborn is a matter of simple justice to the most vulnerable among us.”