Author Topic: Alabama Supreme Court: "unborn child has inalienable right to life"  (Read 501 times)

carlvehse

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From the Supreme Court of Alabama decision in Sarah Janie Hicks v. State of Alabama
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Because an unborn child has an inalienable right to life from its earliest stages of development, it is entitled not only to a life free from the harmful effects of chemicals at all stages of development but also to life itself at all stages of development. Treating an unborn child as a separate and distinct person in only select respects defies logic and our deepest sense of morality.

Courts do not have the luxury of hiding behind ipse dixit ["[H]e himself said it." Black's Law Dictionary 743 (5th 34ed. 1979)] assertions. The United States Supreme Court has attempted to do so by setting the line for state protection of unborn children at viability in the area of abortion. "It is in fact comforting to witness the reality that he who lives by the ipse dixit dies by the ipse dixit. But one must grieve for the Constitution." Morrison v. Olson, 487 U.S. 654, 726 (1988) (Scalia, J., dissenting). To dispel the shroud of doubt shadowing our nation's abortion jurisprudence, courts must have the courage to allow the law of noncontradiction to dismantle the ipse dixit reasoning of Roe, Casey, and Stenberg and recognize a child's inalienable right to life at all stages of development. Until then, our grief is not for the Constitution alone; we also grieve for the millions of children who have not been afforded equal value, love, and protection since Roe.

Additional discussion in the LifeSiteNews article, Unborn child has ‘inalienable’ right to life ‘at all stages of development’: Alabama Supreme Court
Quote
The decision upheld the prior conviction of Sarah Janie Hicks for “the chemical endangerment of her child,” when she exposed her unborn baby to cocaine. The boy, referred to as “JD,” was born testing positive for cocaine.

The 8-1 decision reaffirmed the Alabama Supreme Court’s ruling in a similar case last year that the word “child” includes “unborn child.”


The Court's statements will certainly be compared to any SCOTUS decision on the HHS birth[/death]-control mandate.

Michael Slusser

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Re: Alabama Supreme Court: "unborn child has inalienable right to life"
« Reply #1 on: April 23, 2014, 01:11:01 PM »
Tennessee is also working on this angle. http://www.wate.com/story/25195288/proposed-tennessee-law-would-prosecute-drug-addicted-pregnant-women

Of course, outright abortion is still generally permitted.  ???  We live in a rational country.

Peace,
Michael
Fr. Michael Slusser
Retired Roman Catholic priest and theologian