Life groups are hailing an opinion by an Alabama Supreme Court justice who argued that it's time to abandon the viability standard used in Roe v. Wade because medical breakthroughs -- backed by case law and legislation -- have shown a fetus is only as viable as the technology monitoring it.I would guess that you could stop a significant number of abortions simply by requiring an ultrasound before the procedure. Women have been told for years that the fetus is just an nonviable chunk of tissue - kind of like a skin tag. Seeing what clearly looks like a baby on an ultrasound, complete with heartbeat, would give some valuable education to women who have been misguided all these years.
The opinion by Judge Thomas Parker was issued Friday in the case of a woman who sued her doctors for wrongful death when her baby died in the womb while only three months in gestation.
The Alabama Supreme Court threw out a DeKalb Circuit Court summary judgment in favor of the defendants that held the wrongful-death action could not be maintained because the unborn child was not viable.
Parker wrote that the Supreme Court "erroneously" concluded in Roe that the unborn have no rights as "persons," but since 1973, mounds of cases have been decided in tort and criminal law in favor of babies with prenatal injuries "regardless whether the injury occurred either before or after the point of viability."
Tuesday, February 21, 2012
There are lots of reasons why Roe should be overturned. My main complaint is that it federalized an issue that should have been left to the states under the 10th amendment. However, there may be other ways to deal with this issue: