shmogie
Well-Known Member
Irrelevant. Do unborn babies have a functioning brain, yes. Do they feel pain, at a certain point, yes. In the case of twins do they interactNOTE: SECOND REQUEST FOR A RESPONSE:
I have provided a legal definition of 'person' via Black's Laws, which you rejected. But you have yet to provide one which is acceptable to you.
'Human' is a status? I thought it was a species.
An unborn fetus cannot speak, think, or act upon its own. It cannot navigate in the physical world; it is totally dependent upon it's mother for its life. It knows nothing of interpersonal relations with any other, other than its mother, which it is unaware of as another person. In fact, even after birth, the infant does not develop a sense of self until around 14 months. It's identity is given to it via social indoctrination and direct experience with the world it interacts with. It is not born with an identity, let alone having one as an unborn fetus. It has no sense of 'I'-ness. Where is 'person', either in the legal or non-legal sense?
As I pointed out, none of the Supreme Court judges allowed the term 'person' to be applied to the unborn fetus, which goes beyond abortion as a limiting factor.
If, as you believe, the Warren court established the non personhood of an unborn child as settled law across the nation and in all circumstances, then the nation has been in a serious Constitutional crisis for decades.This edict from the warren court has been ignored for decades by Congress, and state and federal court, but nobody cares, including the Supreme court.NOTE: SECOND REQUEST FOR A RESPONSE:
I have provided a legal definition of 'person' via Black's Laws, which you rejected. But you have yet to provide one which is acceptable to you.
'Human' is a status? I thought it was a species.
An unborn fetus cannot speak, think, or act upon its own. It cannot navigate in the physical world; it is totally dependent upon it's mother for its life. It knows nothing of interpersonal relations with any other, other than its mother, which it is unaware of as another person. In fact, even after birth, the infant does not develop a sense of self until around 14 months. It's identity is given to it via social indoctrination and direct experience with the world it interacts with. It is not born with an identity, let alone having one as an unborn fetus. It has no sense of 'I'-ness. Where is 'person', either in the legal or non-legal sense?
As I pointed out, none of the Supreme Court judges allowed the term 'person' to be applied to the unborn fetus, which goes beyond abortion as a limiting factor.
37 states enforce laws that state that the murder of a pregnant mother, results in the charge of two counts of murder, the unborn baby cannot be a murder victim if it is not a person, and the majority of these categorically describe the unborn child as a person.
In 21 states, if the mother if harmed, and the unborn child is not killed, but is harmed, the assailant can be charged with two counts of assault, one against the mother, the other against the unborn child. All the assault laws of all 50 declare the obvious, one cannot commit assault against anything, only against any person. The unborn baby is legally established as a person.
All 50 states permit the use of force, including deadly force, in the defense of ones self, or others. The use of force, to protect ones unborn child was established in 2002 it was established in a particular case that the application of deadly force was used by a woman pregnant with quadruplets The MI appeals court in the case said the woman had the right to use deadly force " to protect the lives of her unborn children" State v Kurr. A child is a person. This ruling has not been overturned
The federal born alive protection act defines categorically that all born baby's are person, including those as the result of a botched abortion, clearly nullifying Black definition of person. 21 states have the same definition in their born alive protection act,.
Civil law recognizes the personhood of the unborn child in 39 states Where wrongful death suits can be brought in the case of a caused death of an unborn child. These are suits regarding the death of a person, not a thing.
Common law, and US law has considered the unborn child a person consistently till 1973, and since, in all circumstances, but abortion.
So there is the dirty big secret that is isn't so secret, an unborn child is always a person in all circumstances except when it is killed in an abortion. Then all previous law and current definitions in law are abandoned in the case of that one and only act.
Further, the law issue that enables abortionists and their clients is described as the right to privacy found in the 5th and 14th amendments. If you read them you will find little about privacy. As Justice Rehnquist stated, the only Constitutional right to privacy in the Constitution is the protection from unreasonable searches and seizure.
The warren court is the total outlier and anomaly at law in the definition of the personhood of the unborn. The unborn have ALWAYS been persons, and are now persons in all aspects of law, except in the case of a pregnant woman and her doctor killing her unborn child. Even then this, grotesque denial of personhood to all other unborn baby's in all other matters of law wasn't the factor in allowing abortion PRIVACY was, not found in either the 5th or 14th amendment as the Warren court said it was.
Because Roe v Wade was a decision based upon warped, inconsistent and nonexistent law, that flew in the face of everything legal, and limited itself to abortion solely, IT WILL BE OVERTURNED