Monday, February 20, 2012

Alabama Supreme Court: Overturn Roe v. Wade

( In a legal victory that has much bigger implications than the case that came before it, the Alabama Supreme Court on Friday issued a ruling pro-life advocates are hailing calling for Roe v. Wade to be overturned. The Alabama Supreme Court issued a unanimous ruling that a mother may pursue a wrongful death claim on behalf of her pre-viable unborn child.

In the case of Hamilton v. Scott, Amy Hamilton filed suit against several doctors and a medical group for the wrongful death of her unborn child, claiming that the lack of proper medical intervention resulted in the child’s death, which all the experts agreed was at the pre-viable stage of pregnancy and could not have survived if born at that stage of pregnancy.

Justice Tom Parker, joined by three other Justices, issued a special concurring opinion, in which he specifically addressed that Roe v. Wade does not prevent such a ruling and that viability is arbitrary and changes with medical technology. Parker wrote that Roe is out of step with every other area of law in which many state legislatures and courts have recognized the rights of the unborn child in wills and estates, tort or criminal law, and more.

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1 comment:

  1. What a statement! Life is precious, no matter what stage of development. I don't understand the exact legalese of this argument presented, but I'm sure that at lease SOME babies will!


Posted By: Chris Carmouche