"Tragically, Roe v. Wade allowed the judiciary to regulate which classes are worthy of receiving the “protection of fundamental liberties.” Bound only by its own sense of self-restraint, the Court asserted its absolute authority to define “‘person’ narrowly to fit its perceptions of acceptable public policy” and to “control[] the applicability of the due process clause to specific classes.” The Supreme Court’s abortion jurisprudence demonstrates the need to reexamine the Court’s role as “sole arbiter of the existence of fundamental rights” based on “its own perception of the relative worth of the parties whose rights are asserted.” That institutional introspection seems unlikely. The Supreme Court’s defense of the central holding in Roe indicates its un-willingness to reverse course and enforce equal protection for prenatal life. Likewise, legislative attempts to ban abortion are unlikely to withstand judicial scrutiny, unless invalidating such legislation would threaten the Court’s credibility. In the absence of departmental enforcement of the Fourteenth Amendment’s guarantees, a new constitutional amendment explicitly protecting prenatal life is likely necessary."