"The common law right identified by Bernstein would find that all of these bans violate the woman’s right to terminate. Bernstein’s analysis does not depend, as many abortion rights arguments do, on the fetus being anything less than a full human being with personhood rights. Under her analysis, even if the fetus is a fully legal person, the pregnant woman has a right to say Do Not Want, just as a land owner can use deadly force to remove another person from her property. Bernstein recognizes that this is where the “common law diverges most sharply from Roe,” since Roe and its progeny tolerate abortion bans at viability (roughly twenty-four weeks of pregnancy) because of the value of protecting the state’s interest in potential life. The common law, on the other hand, permits abortion “at any stage of pregnancy.” For women who face the prospects of choosing an abortion after twenty weeks, Bernstein’s position would prohibit states from stopping them from exercising their liberty to say no. Although, as Bernstein recognizes, this position would depart dramatically from the doctrine of Roe, there are several states in the country that do in fact allow people to terminate their pregnancies after viability, implicitly recognizing the value of letting women decide—at any stage of pregnancy—what they Do Not Want in their bodies."