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Federal fetus law to be used in murder case
MSNBC ^
| 12/30/08
| BedRock
Posted on 01/03/2009 4:53:41 PM PST by BedRock
"Federal fetus law to be used in murder case"
ALBUQUERQUE, N.M. - Federal prosecutors in New Mexico believe they may be the first to use a 2004 law to charge someone with killing a fetus while causing the death or injury of the mother.
(Excerpt) Read more at msnbc.msn.com ...
TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: abortion; alteredtitle; fetalhomocide; fetus; roevwade
I have been wondering when this would happen for years; hopefully, someone with some sense will be able to read Roe V. Wade and interpret what Justice Blackmun said in the actual discussion of the validity of the case of Roe V. Wade and it status of justiciability in the Courts of our land.
The above stated story is being presented in Federal Court. The question at hand is:
Can a person be held liable for killing a "fetus" by killing the pregnant woman, therefore causing the subsequent death of the fetus?
This question was answered in 1973 in Roe v. Wade, when Justice Blackmum stated, in agreement between the defense lawyer and the plaintiff's lawyer in the following conversation:
Appellee argues that the State's determination to recognize and protect prenatal life from and after conception constitutes a compelling state interest. As noted above, we do not agree fully with either formulation.
BUT: The Court went on to state:
A. The appellee and certain amici argue that the fetus is a "person" within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well-known facts of fetal development. If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment. The appellant conceded as much on reargument. On the other hand, the appellee conceded on reargument that no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.
Hmmmmm. If this man is convicted of killing a "fetus", WHY would he be held to that standard? I ask you pro-abortionists, why would the previous discussion even take place in Roe V. Wade if a fetus was nothing to even matter to the Court? Because the whole balance of Roe hinged on whether or not anyone had been held liable for the death of an unborn child, even if survivability of the unborn was only 1 in 100. Read it for yourself, I didn't make it up, it is in Roe v. Wade.
1
posted on
01/03/2009 4:53:41 PM PST
by
BedRock
To: BedRock; NYer; cpforlife.org; Salvation
To: wagglebee
Dismantling the abortion monstrosity-—one brick at a time. May it topple soon.
3
posted on
01/03/2009 5:23:22 PM PST
by
Faith
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