To: FreedominJesusChrist
Justice Blackmun stated if the unborn were persons then they would be protected by the 5th and 14th amendments. My question for Harry is, if they are not persons, read human beings, just what the heck are they?
Blackmun based the majority opinion on just this, he stated that there was no consensus on when life began because he knew that the Constitution acknowledges the right to life and its primacy over liberty and property.
President Bush understands this which is why he is moving slowly but inexorably toward defining the unborn as persons. It is a good strategy and I commend him for what he is doing.
26 posted on
03/18/2002 6:03:32 PM PST by
jwalsh07
To: jwalsh07
I know that in this particular Supreme Court brief, the Justices did not want to determine when exactly a fetus was viable. In their opinion, they stated that in the 3rd trimester the states had the power to further regulate and even prohibit abortion. Unfortunately, in Stenberg v. Carhart (2000), the Supreme Court stated that a woman could have a partial birth abortion if her mental, emotional, or physical health was at risk. In terms of complete inconsistency, they did not revoke the parts of ruling in Roe v. Wade that conflicted with the ruling in Stenberg v. carhart.
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