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From the branch of government that brought you Dred Scott. Always trying to decide who does and doesn't have rights.
1 posted on 08/29/2004 11:51:47 PM PDT by nickcarraway
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To: nickcarraway

The wording of an anti-abortion law should go something like this...

Through no willful act may an unborn child be in anyway harmed.

It would rule out accidents and natural causes.


3 posted on 08/29/2004 11:56:02 PM PDT by coconutt2000
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To: nickcarraway

Ironic in that Roe v. Wade was based on Texas inheritance law; specifically a law which would no longer stand challenge given medical advances.


4 posted on 08/29/2004 11:59:29 PM PDT by william clark
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To: nickcarraway

So what the court ruled here, is that malpractice when it comes to a fetus, is non-existant. Now there's a confidence builder. The physician maternal client relationship has never been stronger. LMAO


5 posted on 08/30/2004 12:09:38 AM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservatives)
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To: nickcarraway
The parents of a stillborn child cannot sue medical practitioners for negligence because a fetus is not a "person" or "individual" under state laws, the Texas Supreme Court has ruled.

Edwards made his millions suing for damaged "fetuses." According to him, the damaged fetus is worth big bucks - in his pocket, anyway.

6 posted on 08/30/2004 12:11:26 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: nickcarraway
The Texas Legislature in 2003 passed the Prenatal Protection Act, which defines "individual" to include an unborn child at every stage of gestation from fertilization to birth. But lawmakers then said that physicians or other licensed health care providers could not be sued if the death is the result of a lawful medical procedure.

"The court missed an opportunity to re-examine and overrule Witty as it applies to viable unborn children, restore sanity to an area of jurisprudence that is morally and legally repugnant, and bring Texas into step with those states that recognize the personhood of the unborn child," Bullard said.

Sounds like the baby was indeed a person that died in utero.

Is the problem because her case occured prior to 2003?

7 posted on 08/30/2004 12:26:31 AM PDT by Netizen (Abortion is not a choice -- it's murder. The only 'choice' is which method of birth control to use.)
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To: nickcarraway

Rather look at it as a blow against the pro-life cause, look at the bright side. An Edwards wanna-be saw his paycheck go up in smoke when the ruling came down.


8 posted on 08/30/2004 12:28:39 AM PDT by Melas
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To: nickcarraway
I'm really confused. A fetus - even one half born - is not a person.

Just read last week that a pregnant illegal alien could return to the United States because her "fetus" was an American Citizen.

I just don't get it!?

9 posted on 08/30/2004 12:35:16 AM PDT by AnimalLover ((Are there special rules and regulations for the big guys?))
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To: nickcarraway

What is a fetus? A baby the pro-choicers don't want.
What is a baby? A fetus you DO want.


10 posted on 08/30/2004 12:37:06 AM PDT by detch
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To: MHGinTN; Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; ...
Pro-Life PING

Please let me know if you want on or off my Pro-Life Ping List.

11 posted on 08/30/2004 1:30:01 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: nickcarraway
Texas high court rules 8-1 the parents of a stillborn baby can't sue hospital

Why should they be able to sue anyway? Sounds like Edwards' falsely blaming doctor's delivery techniques for Cerebral Palsy.

13 posted on 08/30/2004 6:07:59 AM PDT by montag813
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To: nickcarraway

Without more detail, I don't see the culpability of the hospital for the stillborn child.

I'm sick of parents who sue for Perfect Babies. It's just such an attitude which has only fueled the fire of More Perfect artificials and driven OB-Gyns out of business for failure to afford the med-mal insurance necessary to ensure a Perfect Birth for every parent.

When did folks get the notion they not only had a "right" to a child but a "right" to a perfect birth?


15 posted on 08/30/2004 6:57:36 AM PDT by Askel5 († Cooperatio voluntaria ad suicidium est legi morali contraria. †)
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To: nickcarraway; All
There is nothing worse than trying to understand the ruling of a court based upon the writing of newspaper person who probably has not read the opinion, and does not understand the ruling. I'd like to see the opinion.

One thing the story said, which if true, makes the Court's legal decision fairly solid, is that the act itself indemnified doctors.

"But lawmakers then said that physicians or other licensed health care providers could not be sued if the death is the result of a lawful medical procedure."

Now -- I can't square that indemnity with the Act that defines them as an individual -- but it seems to me that the Court did its job here. That is, the Court enforced the law. (Which, by the way, is exactly what we conservatives always demand).

It seems the battle to change this law ought to bed fought at the legislative level. The law should recognize that "individuals" have a right or cause of action for wrongful or negligent treatment.

If I had to guess -- the heart of these cases come from Plaintiff's attorney's unable to get around informed consent forms filed and signed by the parents. Thus -- they are trying to give a separate cause of action to the individual to bring on his or her own. Just a guess.

I believe the unborn are persons with distinct rights. That battle should be fought at the legislative level. With respect to the Court here, based on the skimpy facts provided, the Court enforced the indemnity provision in the law -- it appears -- without reaching or having to reach the issue of individuality. Again, in order have a substantive discussion -- I will need to read the opinion.

17 posted on 08/30/2004 7:11:14 AM PDT by Iron Eagle
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To: All
All the Texas Supreme Court did was simply say that they cannot sue because of how the law in the state is currently written. Unlike some states where an unborn child is considered a person by law (of course only if abortion isn't the issue) in Texas the unborn child is not.

What needs to happen is the law needs to be changed, not bash the Justices for doing their job and upholding the law as it is currently written.

18 posted on 08/30/2004 7:14:35 AM PDT by COEXERJ145 (Hannity Was Right, FReepers Tend To Eat Their Own)
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To: nickcarraway

I disagree with the Court's opinion that a fetus is not a person. On the other hand I do not believe the Medical proffession is neglent everytime a baby is born dead, less than perfect, or because the ilk of John Edwards needs a new beach houes, town house or country estate.


22 posted on 08/30/2004 10:39:39 AM PDT by F.J. Mitchell ( The Swift Vets and you, know which story is true,Kerry-you say they lied-we say horse hocky!)
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To: nickcarraway

Fetuses: Justices aren't all that humane either.


24 posted on 08/30/2004 10:57:23 AM PDT by Teacher317
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To: nickcarraway

This is exactly the reason I support a constitutional amendment.


26 posted on 08/30/2004 12:16:15 PM PDT by TOUGH STOUGH (Vote for anyone but Arlen Specter in November.....)
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To: nickcarraway

"Jerry Bullard, a lawyer for Reese and her husband, Donnie Reese, said he was disappointed in the ruling."

John Edwards might have won the case - he has/had an excellent record in 'personal injury' cases. :)


28 posted on 08/30/2004 12:21:42 PM PDT by familyofman (nobody's right if everybody's wrong)
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To: nickcarraway
a fetus is not a "person"

Neither is a liberal.

29 posted on 08/30/2004 12:23:08 PM PDT by chronotrigger (heart of Dixie; or pretty close to it.)
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To: nickcarraway

Idiot plaintiffs. Where oh, where is John Edwards when their is money to be filched?


41 posted on 08/30/2004 1:19:04 PM PDT by justshutupandtakeit (My Father was 10x the hero John Fraud Kerry is.)
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To: nickcarraway

Idiot plaintiffs. Where oh, where is John Edwards when there is money to be filched?


42 posted on 08/30/2004 1:19:16 PM PDT by justshutupandtakeit (My Father was 10x the hero John Fraud Kerry is.)
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