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A Slip of the Tongue in the Supreme Court

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Posted By: Beardo, 3/9/2022 3:10:55 PM

When lawyer Sarah Weddington stood up in the Supreme Court on Oct. 11, 1972, to present the pro-abortion argument in the case of Roe v. Wade, she was legalistically careful in the language she used to describe whom exactly an abortion aborted. She avoided normal human terms like "unborn child" or "baby" -- and, most importantly, "person." She preferred "fetus." Presumably, this was because the Fourteenth Amendment states, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Comments:

I know that I'm a broken record, but if the USSC determines that an unborn baby is a person, then state legislatures will not thereafter have the unfettered option of legalizing abortion within their state. All unborn babies are entitled to have any doubt about person status resolved in their favor. Any other resolution is evil and inhuman.

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Reply 1 - Posted by: BarryNo 3/9/2022 3:26:51 PM (No. 1095066)
So, if a fetus IS a human Being and protected by the 14th Amendment, then no State may legalize Abortion, under ANY circumstance. Also, will there be lawsuits based on the Nuremberg trials to deal with those individuals that performed or aided in performing abortions on tens of millions of fetuses? I think that consideration should be up for debate, as well.
12 people like this.

Reply 2 - Posted by: formerNYer 3/9/2022 3:36:41 PM (No. 1095074)
Should be a must read, excellent article and leave it to Justice Thomas to get it right!
13 people like this.

Reply 3 - Posted by: padiva 3/9/2022 3:36:42 PM (No. 1095075)
Great read. Thanks for posting.
7 people like this.

Reply 4 - Posted by: kono 3/9/2022 4:54:24 PM (No. 1095130)
Now that has the potential to be a blockbuster, without anything from Jim Hype, I mean Hoft.
1 person likes this.

Reply 5 - Posted by: mre 3/9/2022 5:07:45 PM (No. 1095137)
Three choices: 1. Allow physicians or other qualified medical care providers to terminate the lives of unborn humans at any time if the mother so requests. 2. Give the government and/or other persons the power and authority to force every woman to carry every pregnancy to term, with legal penalties or punishments for anyone procuring or performing or inducing, or assisting in procuring or performing or inducing, an abortion. 3. Pass rulings/laws like Roe v Wade that pick a position between 1. and 2. by allowing abortion in some circumstances and/or during some stages of pregnancy and restricting or prohibiting abortion in other circumstances and/or during other stages of pregnancy.
1 person likes this.

Reply 6 - Posted by: LaVallette 3/9/2022 5:22:55 PM (No. 1095150)
Begs the question: WHAT IS A HUMAN FETUS?
0 people like this.

Reply 7 - Posted by: ussjimmycarter 3/9/2022 5:27:39 PM (No. 1095154)
If a fetus is not a human, what is it? Really stupid logic used to justify infanticide!
4 people like this.

Reply 8 - Posted by: LaVallette 3/9/2022 5:31:14 PM (No. 1095158)
##5: Change the term 'Abortion' wherever it occurs in your alternatives to "Deliberate Murder (by definition)" and provide your own answer as to which alternative is ethically and morally open to the legislatures of a civilized society!
3 people like this.

Reply 9 - Posted by: Heil Liberals 3/9/2022 5:56:18 PM (No. 1095175)
It depends on what the meaning of “that” is? It depends on what the meaning of “baby”? These evil pieces of crop always twist words. Remember, Bent Willy argued the meaning of the word “is.” He’s as evil as the psychopath he’s “married” to.
0 people like this.

Reply 10 - Posted by: mre 3/9/2022 6:06:02 PM (No. 1095184)
#8: “Murder” is a legal term. Unless and until the law defines killing a fetus via abortion to be “murder,” it’s legally and technically invalid to call abortion “murder.”
1 person likes this.

Reply 11 - Posted by: Beardo 3/9/2022 7:20:47 PM (No. 1095271)
#10 - I invite you to consult the following NY Times article, "When the Death of a Fetus is Murder." There are people sitting in prison right now for murdering a fetus. https://www.nytimes.com/1994/05/20/us/when-the-death-of-a-fetus-is-murder.html
0 people like this.

Reply 12 - Posted by: Cherrybark 3/9/2022 7:30:08 PM (No. 1095278)
Choice 4. Recognize the issue is not covered by the Constitution and is not a matter for the Federal government. Return the issue to the States, where it belongs. If your state rules abortions are illegal, you are free to travel.
2 people like this.

Reply 13 - Posted by: mre 3/9/2022 9:16:18 PM (No. 1095332)
#10 - Behind a paywall, and I won't pay the NYT to read their articles. But that's just me. As I wrote: "Unless and until the law defines killing a fetus via abortion to be “murder,” it’s legally and technically invalid to call abortion “murder.”" At present, the law(s) do(es) not include procuring or providing a legal abortion per Roe v Wade as "murder." While there are laws against the killing/murder of a fetus, they do not cover or cannot (yet) be used against abortions legally obtained per Roe v Wade: https://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx So, no matter what the NYTimes article says, it's not relevant to the point I made.
2 people like this.

Reply 14 - Posted by: Beardo 3/10/2022 5:59:59 PM (No. 1096221)
#8 used the words "ethically and morally" which I submit to you is the issue rather than parsing what might presently be legal (like Bill Clinton's parsing of "it depends on what the meaning of is - is.")
0 people like this.

Reply 15 - Posted by: Beardo 3/10/2022 6:02:28 PM (No. 1096224)
Also, the NY Times article is from 1994, and is not behind a pay wall.
0 people like this.

Reply 16 - Posted by: Avanti1 3/10/2022 8:34:28 PM (No. 1096336)
Discussion of whether the fetus is a person should include the fact that the fetus has DNA separate and distinct from that of the mother. Although the fetus is dependent on the mother, it is not a part of the mother. It is not a tumor in or on the mother's body: it is its own biological entity.
0 people like this.

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