Fetal Homicide ruling could bring Roe V Wade back to Supreme Court

WASHINGTON, DC - MARCH 2: Pro-choice advocates (right) and anti-abortion advocates (left) rally outside of the Supreme Court, March 2, 2016 in Washington, DC. On Wednesday morning, the Supreme Court will hear oral arguments in the Whole Woman's Health v. Hellerstedt case, where the justices will consider a Texas law requiring that clinic doctors have admitting privileges at local hospitals and that clinics upgrade their facilities to standards similar to hospitals. (Drew Angerer/Getty Images)

According to an Alabama Supreme Court Justice, a fetal homicide ruling should bring the issue of Roe V. Wade back to the Supreme Court.

Washington Times:

As the Alabama Supreme Court upheld the state’s fetal homicide law in a ruling this month, one of the justices said the decision should force the U.S. Supreme Court to revisit its 1973 Roe v. Wade ruling.

Justice Tom Parker said it is a “logical fallacy” for the government to consider a fetus a life for the purposes of a murder conviction but not when it comes to a woman deciding to end her pregnancy.

Even lawyers within the pro-life community were conflicted on whether that is the kind of challenge the high courtwould — or even should — take up, but they said the dissonance between abortion jurisprudence and other areas of law, where a fetus is granted many of the attributes of personhood, is becoming tenuous.

“Fetal homicide laws acknowledge what science has already proven: that a unique human life begins at the very moment of fertilization. Abortion laws reject that reality,” said Lila Rose, a prominent pro-life advocate and president of Live Action.

The case in Alabama involved Jessie Livell Phillips, who was convicted of killing his wife when she was eight weeks pregnant.

A jury found him guilty of murder of “two or more persons” by one act, using a 2006 law that defined “person” as including a child in utero. The court sentenced him to death.



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