It's an analysis that hasn't progressed beyond the Pampers stage of political theory. Twenty years ago, the Supreme Court announced that lawmakers couldn't ban abortions in the first trimester of pregnancy, but could ban them in the third. By that logic, the constitutional right retreats with every advance in neonatal medicine. When medics learn how to incubate a test-tube baby for the whole nine months, the abortion right ought logically to disappear. Except that it won't.
Logical consistency has nothing to do with it.
Even Hollywood's softie-lefties go all hard and capitalist when it comes to intellectual property. Jack Valenti, Hollywood's lead flack in Washington, spent the early '80s trying to kill the new video cassette recorder, which he was sure would be used mostly to pirate his clients' movies. Valenti didn't succeed, but only because the VCR ended up delivering huge profits to the movie moguls. Far more people use VCRs to rent movies than to steal them. But people could steal movies if they felt like it.