Ruling on deportation mystifies abortion foes (unborn child US citizen with Const. rights-what?)

The Kansas City Star ^ | 6-6-04 | DONALD BRADLEY

[Calpernia]

As can the right. Any lawyers here?

[Calpernia]

BUMP!!!!!

How do we make it happen?

[Not A Snowbird]

Now wait just a second. The baby is not yet born, it is merely "present" in the United States (like so many other illegals.) Until it's actually born, it's citizenship is unknown. Yes, it's a person, so don't start on me about abortion rights, but it's citizenship cannot be determined until it actually is born somewhere. Anywhere.

By keeping her in the country, this judge is guaranteeing the baby will be born in the United States. Frankly, I think the judge screwed up.

[cpforlife.org]

FYI--There is no such thing as a "fertilized egg".

At fertilization the egg and sperm cease to be. They become a one celled blastocyst with the same DNA that life will have till he/she dies. Be it at 93 years or 93 minutes. At this one cell stage the sex is known, as well as all the info that can be gotten from a DNA test on you or me.

[Calpernia]

Personally, I don't think law is about logic. It has become a fancy dance contest.

BUT, I see this as an advantage to make the unborn citizens under the judges own logic (irony).

How do we do it?

[NRA2BFree]

Pure, undiluted insanity.

Thanks for the ping! This judge needs to step down or be Impeached. He clearly can't perform his duties properly. I've heard of judges ruling against each other, but I've never heard of a judge ruling against himself. LOL Yep, I would say it's past time for him to go. ;-)

[jwalsh07]

It don't get much worse than this from your profession.

To summarise the Judges position:

You can kill them but you can't deport them. (shaking my head dolefully from side to side)

[BipolarBob]

How come a woman has the right to decide to kill her child and I dont have the right to decide whether or not I wear a seat belt?

Follow the money trail. You have insurance companies (and spineless politicians) to thank for the seat belt laws. As far as this judge's ruling - a clear case of moral dyslexia.

[CounterCounterCulture]

(unborn child US citizen with Const. rights-what?)

They have a right not to be murdered, just like any other visitor/tourist. It's simple.

If it's a case where deportation would result in murder (e.g., China's one-child policy), then that's a little different and amnesty can be examined.

[gitmo]

Day 1--Fertilization Check

Early in the morning, the eggs are checked for signs of fertilization. At this time, normally fertilized eggs will have 2 nuclei in the center, one from the egg and one from the sperm. (as shown below)

 

Any number of nuclei greater or lesser than 2 indicates abnormal fertilization. Normally fertilized eggs are now considered to be embryos, and are separated from the unfertilized and abnormally fertilized eggs.

Strong Health

---

I know when I took Embryology, Cellular Biology, and Comparative Anatomy the term fertilized egg was acceptable.

[Askel5]

=== However it does offer some fuel (low-yeild) for the lifers.


I'm tired of having them perpetually deluded.

Look! Another unicorn!!

[sc2_ct]

As happy as I am to see live legally defined as occuring before birth, I am a bit concerned, since it was my impression that citizenship was only granted if the child was born in the US??? I hope I'm wrong on that point though :)

[kdot]

Good point! Why isn't the GOP making waves with these headlines. They are no-brainers for *most* repubs and Bush could use them to reinforce his moral convictions. Additionally, Kerry will have to be ambiguous which will further define his flip-floppiness. Bush looks strong - Kerry weak.

GOP? Hello? At least have someone ask him the questions on the record.

[PISANO]

So, REMOVING the CHILD from America violates the CHILD'S rights, but that SAME CHILD is allowed to have a pair of scissors jammed into the base of his skull, and a tube inserted into the hole and have it's brains sucked out and skull collapsed so he can be REMOVED from his mother?

I must be living n a nightmare!

[cpforlife.org]

Yes. It is used throughout literature, but has been frequently misused as a politicized phrase meant to dehumanize the unborn; much the same way the secular humanists redefined the beginning of pregnancy from the moment of conception to several days later at implantation. It is semantic gymnastics.

http://216.239.51.104/search?q=cache:hLEqZhOUACUJ:www.gateway.org/content/pdf/pill.pdf+no+such+thing+as+a+%22fertilized+egg%22&hl=en

There is no such thing as a fertilized egg; there is a unique human being who results from the union of sperm and egg. (2) Conception is the same as fertilization, and when it occurs, pregnancy has begun. (Reading: "Emergency Contraception,"http://www.owt.com/ppcw/mornaftr.html)

[cpforlife.org]

You ARE living in a nightmare. It began 1-22-73. It's end cannot be seen.

[LauraJean]

I don't know but it certainly does look promising. While I don't like illegal immigrants I think we should take what is offered to us. If the judge is not overturned, this gives us some sort of legal standing in at least that court. This can be used in federal court as part of the legal research in overturning Roe vs Wade
I would really love to see a civil rights case made for the unborn. Darn it those babies deserve at least as much protection as turtle eggs.

[Calpernia]

>>>>I would really love to see a civil rights case made for the unborn.

Since I'm not a democrat....how is a civil rights case done? (yes being a wise gal...well not really)

Are there papers to file? Does it have to be done in the same state as this judge? Since the judge set the precedent with this citizenship ruling, now would be the time to use it.

It would also stop any alternative intentions like another freeper mentioning INS issues.

[KfromMich]

As happy as I am to see live legally defined as occuring before birth, I am a bit concerned, since it was my impression that citizenship was only granted if the child was born in the US??? I hope I'm wrong on that point though :)

From the article, it sounds like the baby's father is an American citizen, which would mean the that the baby automatically becomes a citizen, whether he is born here or not.

[LauraJean]

I am not sure how it can be done but I know it can. There are enough state laws dealing with the unborn as a seperate entity that One of the laws I am thinking of are the drug laws dealing with pregnant women.
What I don't know is if it could be done with a specific plantiff or if it could be done as a class action suit.
As far as where it could be done I think there is some leeway. If it is a Federal court I think it can be done anywhere in that Federal district. Howeve from what I remember from my legal research class years ago any lawyer can use this ruling in any courthouse. It would have less ''standing'' in other jurisdictions but it would be considered good law.
I am not a lawyer but I did take some classes when I thought I might like to be a paralegal. If any lawyer is reading this I apologize in advance for any mistakes that I may have made in my logic or understanding of the law.