PRO-LIFE VICTORY IN LOUISIANA!

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Today was an amazing day! I am so proud to have been a part of this amazing moment in Louisiana history!

The House of Representatives voted to send HB 388 to Governor Bobby Jindal for signature! The vote was a bipartisan 88-5! When Rep. Katrina Jackson called for cosponsors to come stand with her, the response was overwhelming, with almost the entire house floor empty! Tears came to my eyes as she urged for final passage of the Unsafe Abortion Protection Act!

I was honored & humbled to have been recognized on the floor for my efforts to get this bill passed by Reps Jackson & Hoffman! I was also thankful to be awarded some delicious Pro-life brownies by Rep. Burns after passage! All in all one of the best days of my life! 

I also testified on HB 305 & HB 1262 (formerly HB 727) this morning!

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HB 388, HB 305, and HB 1262 are the work of the amazing Bioethics Defense Fund! It’s been an honor to work with them on these important pieces of legislation! Learn more about this great pro-life group and their groundbreaking work at their website: http://www.bdfund.org/

Protect LA Women

hb388 senate Health and Welfare

BDF Attorney and HB388 drafter, Dorinda Bordlee, State Senator Elbert Guillory, and Me on the Senate Floor just before HB388 was passed

BDF Attorney and HB388 drafter, Dorinda Bordlee, State Senator Elbert Guillory, and Me on the Senate Floor just before HB388 was passed

Testimony today on HB388 in the Senate Health & Welfare Committee:

My name is Deanna, and I am here to speak in support of HB388. I am a resident of Baton Rouge, a law student at LSU, and I am here today on behalf of Law Students for Life of America- a national organization of future lawyers dedicated to protecting life.
Ladies and Gentlemen of the Committee, you will hear today that these regulations are medically unnecessary, but this simply isn’t true. The proposed regulations are common sense regulations that would protect the health of women who undergo abortion procedures in Louisiana. These regulations are needed in Louisiana- and this need is evidenced by the history of violations and complaints against Louisiana’s abortion clinics.
Causeway Medical Clinic, in Metairie, has been cited for violations 14 times since 2007. These violations include failing to determine viability of the child, not monitoring patient’s vital signs during the abortion procedure, unsanitary conditions, expired medications and supplies being used, and failing to ensure parental consent for a minor’s abortion.
Bossier City Medical Clinic in Bossier City has been cited for violations 8 times since 2004, including failing to obtain a Controlled Dangerous Substances license and DEA registration, not monitoring patient’s vital signs after being given narcotics, and unsanitary conditions.
Women’s Health Care Center in New Orleans has been cited for violations 12 times since 2004, including failing to report abortions as required by law, failure to ensure informed consent, missing and incorrect records, and failing to inspect equipment annually.
Hope Medical Clinic, in Shreveport, has been cited 13 times since 2004, including reusing single use equipment, allowing noncertified individuals to administer narcotics, failure to monitor patient’s vital signs after being given narcotics, failing to meet reporting requirements under the law, improper storage of narcotics, failure to maintain sterile environment, and failure to ensure informed consent.
The Delta Clinic, in Baton Rouge, has a history of botched abortions, unsanitary conditions, and has been cited for violations 18 times since 2006. Additionally, the Delta Clinic previously employed a woman by the name of Eileen O’Neill, who after leaving the Delta Clinic, surrendered her medical license due to Post Traumatic Stress Disorder. Ms. O’Neill went on to practice medicine without a license, in the Philadelphia abortion clinic of Kermit Gosnell, who was convicted of murdering innocent children who were born as a result of botched abortions, and causing the death of and countless injuries to, the women who visited his clinic.
The women of Louisiana deserve to be protected when they walk into an abortion clinic, and this regulation would do much to assure their safety.
From a legal standpoint, this regulation will not violate the standards set up by the Supreme Court. In the landmark case, Planned Parenthood v Casey, the Supreme Court noted that “not all burdens on the right to decide whether to terminate a pregnancy will be undue,” and acknowledged that a state’s interests in protecting unborn life, in preserving the integrity of the medical profession, preventing the coarsening of society’s moral sense, and promoting respect for human life more generally, are strong enough to warrant restrictions prior to viability, even if those regulations might make abortion more difficult or expensive to obtain. The 5th Circ. Recently upheld similar regulations in TX.
Requiring doctors to obtain admitting privileges at local hospitals would serve to protect the health and safety of Louisiana women, and since they do not violate the principles the Supreme Court follows in determining whether an abortion regulation is an “undue burden”, I ask you to support this bill.

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HB 388, HB 305, and HB 1262 are the work of the amazing Bioethics Defense Fund! It’s been an honor to work with them on these important pieces of legislation! Learn more about this great pro-life group and their groundbreaking work at their website: http://www.bdfund.org/

Abortion and Mental Health: HB 727

StBlogostine's Pic of IRMA women-men 2011 MFLDue to some unforeseen transportation issues, I was unable to make it to the Capitol in time to testify on HB 727. But I still think its important to educate people on why this bill is neccessary, so I’m going to share the testimony I had planned, which I will save for the Senate Committee. So here goes…

 

Dr. Mary Calderone, the former medical director of Planned Parenthood, once admitted: “…in almost every case, abortion, whether legal or illegal, is a traumatic experience that may have severe consequences later on.”[1] And she was correct- in addition to the many other health risks associated with induced abortion, there is a documented risk of increased mental health issues such as depression, drug abuse, and suicide. My name is Deanna, I am a law student at LSU, and I’m here today on behalf of Law Students for Life of America, in support of this bill, because Louisiana women deserve to receive informed consent about the mental health risks associated with abortion.

In his book Abuse of Discretion, attorney Clarke Forsythe points to the fact that there have been more than one hundred peer-reviewed studies, published in international medical journals, suggesting an association between abortion and adverse mental health outcomes.[2] Among these studies are:

  • A 2000 study in the American Journal of Drug & Alcohol Abuse finding a “five-fold increased incidence of abuse of alcohol and drugs in those who had aborted compared to those who carried to term.
  • A 2004 study in American Journal of Drug & Alcohol Abuse that found that women who had abortions had a higher rate of subsequent substance abuse than women who had never been pregnant or women who gave birth after unexpected pregnancies.
  • A 2003 Obb-stet-trick-cal & Gynecological Survey found that “induced abortion increased…[the incidence of] mood disorders substantial enough to provoke attempts of self-harm.”
  • A study in the Medical Science Monitor found that women with a history of abortion have a significantly higher risk of experiencing clinical depression than women who carry their children to term. This study was reinforced by a 2005 study in the Journal of Anxiety Disorders.
  • A 2006 study in the Journal of Child Psychology and Psychiatry that concluded “young women who aborted were at a higher risk for various mental health problems compared to women who carried to term…” including:

o   42% reported major depression

o   39% suffered from anxiety disorders, and

o   27% reported suicidal ideation.

  • 2010 study in the Canadian Journal of Psychiatry found that “abortion was associated with an increased likelihood of several mental disorders- mood disorders… substance use disorders…as well as suicidal ideation and suicide attempts.”
  • a 2011 study in the British Journal of Psychiatry, which is a publication of Britain’s Royal College of Psychiatrists, showed a moderate to high increased risk of mental health problems after abortion, specifically:

o   34% higher risk of anxiety

o    30% higher risk of depression

o   110% higher rate of alcohol use

o   220% higher marijuana use

o   155% higher risk of suicidal behavior.

In addition to the studies cited by Forscythe, I’ve provided you with a list of publications dealing with the mental health risks of abortion; this list was compiled by the American Association of Pro-Life Obstetricians and Gynecologists.

In upholding informed consent in Planned Parenthood v. Casey, the Supreme Court stated that “In attempting to ensure that a woman apprehend the full consequences of her decision, the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed.”[3] The proposed legislation would uphold the Court’s standard on informed consent, and should be passed to protect Louisiana women.

 

 

 

[1] Calderone, Illegal Abortion as a Public Health Problem, at 951

[2] Forsythe, Clarke D. (2013-09-24). Abuse of Discretion: The Inside Story of Roe v. Wade

[3] Planned Parenthood v. Casey 505 U.S. 833, 882 (1992)

 

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HB 388, HB 305, and HB 1262 are the work of the amazing Bioethics Defense Fund! It’s been an honor to work with them on these important pieces of legislation! Learn more about this great pro-life group and their groundbreaking work at their website: http://www.bdfund.org/

The Viability of Roe, Part 5: Is Abortion Good for Women?

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“All factors-physical, emotional, psychological, familial, and the woman’s age-relevant to the well-being of the patient…”[1]

“Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases … the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.”[2]

These are the words used by Justice Blackmun in Roe and her companion case Doe v Bolton, to describe the so-called “health exception” in regards to the right to abortion. Additionally, Justice Blackmun implied that abortion was safer for the mother[3]. He also repeats this and go, saying that “advances in medicine and medical techniques have made it safer for a woman to have a medically induced abortion than for her to bear a child.”[4] But the credibility of these sources cited in regards to this claim, has been seriously called into question by many people.[5] Even today, maternal mortality and abortion mortality rates cannot be compared, due to the fact that neither federal nor state governments maintain any system of human form and mandatory reporting of abortion deaths or injuries. The Centers for Disease Control and Prevention depends completely on voluntary reporting systems and estimates the maternal deaths are underreported by 30 to 150 percent.[6] also things that have nothing to do with the biological risks of pregnancy, such as accidents, and homicides are also included in maternal death figures, this means that maternal death numbers are likely inflated, while the lack of reporting requirements means that abortion death figures are likely under  reported.[7]

Even Planned Parenthood, the nation’s largest abortion provider, acknowledges that abortion has many short-term risks, including blood loss, blood clots, incomplete abortions (which occur when part of the unborn child or other products of pregnancy are not completely emptied from the uterus), infections, and injury to the cervix or other organs, including cervical lacerations and incompetent cervix – a condition that can also affect subsequent pregnancies.[8]

Additionally, at that time there had been no studies done on the long-term effects abortion can have on women, both physically and emotionally. In the more than 40 years since Roe, doctors and psychologists have documented at least six long-term risks associated with abortion[9]:

  • Increased risk of preterm birth or premature delivery and future pregnancies.
  • Increased risk of placenta previa and future pregnancies.[10]
  • Increased incidence of drug and alcohol abuse.
  • Increased risk of suicide in psychiatric admission after abortion.
  • Loss of the protective effect against breast cancer of the first full term pregnancy.
  • Increased risk of violence and assault after abortion

Preterm birth occurs when the child is born prior to the 37th week of pregnancy, and it is very dangerous to the child. In fact, according to the US Center for Disease Control premature birth is a leading cause of infant mortality in the United States.[11] Preterm birth can also be a risk factor for later disabilities, including cerebral palsy and behavior problems in the child.[12]

As of right now over 130 published studies have shown statistically significant association between induced abortion and subsequent preterm birth or low birth weight. Three different systematic studies were performed in 2009, and each one demonstrated the risk of preterm birth following induced abortions.[13] The increased risk of preterm birth in these studies fell between 20% and 37%, increasing exponentially to over 100% when the woman had multiple abortions. The Institute of Medicine, a section within the National Academy of Science, also lists first trimester abortion as a risk factor for subsequent preterm birth. [14]

Placenta previa, which is when the placenta covers all or some of the cervix, is another condition associated with previous abortions that can cause serious health risks for women. The mother can experience life-threatening hemorrhaging, and the child is placed in danger of perinatal death or medically indicated preterm birth.[15] Three separate studies showed a 50 percent increase in the risk of placenta previa after an induced abortion,[16] while another study found that the risk of placenta previa can more than double when the mother has had two or more abortions.[17]

The link between breast cancer and abortion has been hotly contested over the years, but it is scientifically indisputable, that a woman’s first full-term pregnancy can reduce her lifetime risk of breast cancer.[18] A 2003 study concluded that “clinicians are obligated to inform a pregnant woman that a decision to abort her first pregnancy. They almost doubled her lifetime risk of breast cancer through loss of the protective effect of a completed full-term pregnancy earlier in life.”[19] Additionally, at least thirty-one studies have raised the possibility that induced abortion is an “independent risk” for breast cancer, or that induced abortion can directly cause breast cancer.[20]

One of the most disturbing consequences of abortion is the mental health impact. While Justice Blackmun focused on the opinion that pregnancy and motherhood could lead to psychological distress or harm, we now have evidence that abortion increases a woman’s risk of mental health problems. As Dr. Mary Calderone, the former medical director of Planned Parenthood, once admitted: “…in almost every case, abortion, whether legal or illegal, is a traumatic experience that may have severe consequences later on.”[21]

In 2011, a groundbreaking study on the effects of abortion on mental health was published in the British Journal of psychiatry, which is a publication of Britain’s Royal College of Psychiatrists. The results of this study showed a moderate to high increased risk of mental health problems after abortion, specifically a 34% higher risk of anxiety, 30% higher risk of depression, 110% higher rate of alcohol use, 220% higher marijuana use, and 155% higher risk of suicidal behavior.[22] In fact, in his book Abuse of Discretion, Clarke Forsythe points to the fact that there have been more than one hundred peer-reviewed studies published in international medical journals, suggesting an association between abortion and adverse mental health outcomes.[23]

Recently there have been disturbing cases of men attempting to force or trick their partners into abortions, such as New York pharmacist Orbin Tercero, who was convicted in 2011 of lacing his partners drink with an abortive drug or Thomas Hill, who sexually assaulted his partner in front of their children after she refused to get an abortion for a subsequent pregnancy.[24]

While not all studies agree with these outcomes, and some come down on both sides of the issue, there’s clearly a need for further research into this issue. At the very least, these studies suggest that the Supreme Court was too hasty in supposing that abortion was good for women.

 

[1]

[2] Doe, 410 US at 192

[3] Roe, 410 US at 149

[4] Doe, 410 US at 190

[5] Abuse of discretion, pages 155-180

[6] Letter of Julie Louise Gerberding, M.D., M.P.H, , director, Centers for Disease Control, July 20, 2004, reprinted in brief amicus cure I have the American Center for Law and Justice in Gonzales v. Carhart, 550 US 124 (2007), Gonzales v Planned Parenthood Federation of America, 2005 US briefs, 1382.

[7] Abuse of discretion, page 175.

[8] See http://www.plannedparenthood.org/health-topics/abortion/in-clinic-abortion-procedures-4359.asp

[9] The cost of choice (Erika bachioci); Reardon, strahan, thorpe and shuping, deaths associated with abortion compared to childbirth, 20 J.contemporary health law and policy, 279, spring 2004; Clarke Forsythe and Stephen B Presser, tragic failure of Roe V Wade: why abortion should be returned to the states, 10 Texas review of law and policy, 87, 2005; abuse of discretion, pages 155 through 180;  Thorpe, hartmann and shadigian, “long-term physical and psychological health consequences of induced abortion.

[11] Jim Thorpe et al, long-term physical and psychological health consequences of induced abortions: review of the evidence, obstrectial and gynecological survey 58(1):67, 68 (2003).

[12] W.M. Callaghan, contribution of preterm birth to infant mortality rates in the US, pediatrics 118(4): 1566 (oct 2006); B.Rooney & B.C Calhoun, induced abortion and risk of  later premature births. Physicisans & Surgeons 8(2): 46, 46-47 (2003).

[13] P. shah et al. induced termination of pregnancy and low birth weight and preterm birth: a systematic review and meta-analysis, B.J.O.G. 116(11):1425 (2009); R.H. van Oppenraaij et al, predicting adverse obstetric outcome after early pregnancy events and complications: a review, Human Reproduction. Update Advance Access 1:1 (Mar. 7, 2009); H.M. Swingle et al., Abortion and the Risk of Subsequent preterm Birth: a systematic review and meta-analysis, J. Repro. Med. 54:95 (2009).

[14] R.E. Behrman, Preterm Birth: Casues, Consequences and Prevention 519 (2006)

[15] J.M Thorpe et al., supra at 75.

[16] see  Forsythe abuse of discretion, page 255

[17] J.M. Thorpe et al., supra at 70-71

[18] Reeves, Kan, Key, et al., Breast Cancer Risk in Relation to Abortion, at 1741. See also Forscythe, Abuse of Discretion, supra pg 263-4

[19] JM Thorpe et al., supra, at 76

[20] See generally, Lanfranchi, The Abortion-Breast Cancer Link; M.C. Pike et al. Oral Contraceotive Use and Early Abortion as Risj Factors for Breast Cancer in Young Women, British Journal of Cancer 43 (1981); L.A. Brinton et al., Reproductive Factors in the Etiology of Breast Cancer, British Journal of Cancer 47 (1983)

[21] Calderone, illegal abortion as a public health problem, at 951.

[22] P. Coleman, Abortion and mental health: quantitative synthesis and analysis of research published 1995-2009, BJP 199:180-186 (2011)

[23] Page 257 ,citing  Letter to office of the United Nations High Commissioner on human rights, November 27, 2009 attachment  two, available at http://www.aaplog.org/internationalissues/aaplog-objection-to-incusion-of-universal-acess-to-reproductive-healthcare-as-a-part-of-mdg-5-letter-to-un-high-commissioner-on-human-rights/.see, e.g., Berlin at all, reasons for induced abortion, 36; Cougle, Rearden and Coleman, generalized anxiety following unintended pregnancies; Gissler et al., injury, death, suicides and homicide; Bradshaw and Slade, the effects of induced abortion or emotional experiences and relationships.

[24] Forsythe, Clarke D. (2013-09-24). Abuse of Discretion: The Inside Story of Roe v. Wade (p. 442). Encounter Books. Kindle Edition.

Over The Edge for Adoption

Over The Edge for Adoption

 

I’ve previously shared with ya’ll that I am adopted, and now I want to ask for your help to connect other foster kids with their forever homes. Currently there are are more than 500 children in Louisiana waiting for their chance at a home like mine, and I want to help by participating in “Over the Edge for Adoption” with Louisiana Family Forum! Please consider donating if you can, or help by sharing with your friends who may be able to contribute! Thank you! 

Testimony on HB 388 before the LA House Health & Welfare Committee

Deanna Candler & HB388 Sponsor Rep. Katrina Jackson before the House Health & Welfare Committee

Deanna Candler & HB388 Sponsor Rep. Katrina Jackson before the House Health & Welfare Committee

My name is Deanna Candler, I am a resident of Baton Rouge, Louisiana, a law student at LSU, and am representing Law Students for Life of America. I am here today to support the proposed regulations in HB 388.

Ladies and gentleman of the committee, you will hear today that these regulations are medically unnecessary, but this simply isn’t true. The proposed regulations are common sense regulations that would protect the health of women who undergo procedures in these clinics.

These regulations are needed in Louisiana- this need is evidenced by the history of violations and complaints against Baton Rouge’s own abortion facility, the Delta Clinic. The Delta Clinic has a history of botched abortions, unsanitary conditions, multiple violations, as well as of protecting rapists, going back to 1974, and continuing to the present day. Additionally, the Delta Clinic previously employed a woman by the name of Eileen O’Neill, who after leaving the Delta Clinic, surrendered her medical license due to Post Traumatic Stress Disorder. Ms. O’Neill  went on to practice medicine without a license, in the Philadelphia abortion clinic of Kermit Gosnell, who was convicted of murdering innocent children who were born as a result of botched abortions, and causing the death of and  countless injuries to, the women who visited his clinic.

The women of Louisiana deserve to be protected when they walk into an abortion clinic, and this regulation would do much to assure their safety.

From a legal standpoint, this regulation will not violate the standards set up by the Supreme Court. In the landmark case, Planned Parenthood v Casey, the Supreme Court noted that “not all burdens on the right to decide whether to terminate a pregnancy will be undue,” and acknowledged that a state’s interests in protecting unborn life,  in preserving the integrity of the medical profession, preventing the coarsening of society’s moral sense, and promoting respect for human life more generally, are strong enough to warrant restrictions prior to viability, even if those regulations might make abortion more difficult or expensive to obtain.

Justice Kennedy also pointed out in the 2007 case Gonzales v. Carhart, that “Medical uncertainty does not foreclose the exercise of legislative power in the abortion context any more than it does in other contexts,’ stating that State legislatures are empowered to make their own determinations of what regulations and restrictions are medically necessary.

Under these principles, the Supreme Court has upheld many abortion restrictions and regulations, including informed consent requirements, waiting periods, parental consent for minors, reporting requirements for clinics, funding restrictions, and even a total ban on partial birth abortion.

Requiring doctors to obtain admitting privileges at local hospitals would serve to protect the health and safety of Louisiana women, and since they do not violate the principles the Supreme Court follows in determining whether an abortion regulation is an “undue burden”, I ask you to support this bill.

 

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HB 388, HB 305, and HB 1262 are the work of the amazing Bioethics Defense Fund! It’s been an honor to work with them on these important pieces of legislation! Learn more about this great pro-life group and their groundbreaking work at their website: http://www.bdfund.org/

The Viability of Roe, Part 4: The Misinterpretation of Legal Personhood

Another aspect important to an historical analysis of abortion is that there was widespread disapproval and prohibition of abortion during early pregnancy before, in the view of the science of the time, human life had been infused. Our ancestors’ biologically incorrect notions of when human life begins led Blackmun to assert that, historically, “abortion was viewed with less disfavor than under most American statutes currently in effect” (in January, 1973) and “[p]hrasing it another way, a woman enjoyed a substantially broader right to terminate a pregnancy than she does … today.”[1]

Regarding this important question, scholarly research reveals that recognition of the unborn as “persons in the whole sense” was largely determined by the biological and medical knowledge of each historical era[2]. The ovum and the actual nature of fertilization were not discovered until the nineteenth century, and prior to this, scientists and contemporaneous jurists supposed that human life commenced at “formation,” “animation,” or “quickening.” Abortion was seen as unquestionably homicidal only after the gestational point at which, in light of the science of the time, human life was finally understood to be present. [3]

Many legal scholars have pointed out that other areas of law, such as torts property and criminal law, all recognize the unborn child as a person with legal protections under the law.

[M]edical authority has recognized long sense that the child is in existence from the moment of conception, and for many purposes. It existence is recognized by the law. The criminal law regards it as a separate entity, and the law of property considers it in being for all purposes which are to its benefit, such as taking by will or dissent… All writers who discuss the problem have joined in condemning the old rule, and maintaining that the unborn child out of an automobile is as much a person in the street as the mother. [4]

In reference to property law, in 1941, a New York Court stated: “it has been the uniform and unvarying decision of all common law courts in respect of the state matters for at least the past two hundred years that a child en ventre sa mère (in its mother’s womb) is ‘born’ and ‘alive’ for all purposes for his benefit.”[5]

The rules of property law have not changed, and pre-born children are still afforded their just legal protections. If property law recognizes the rights of a child in its mother’s womb, it makes no sense that the court would deny them, especially since property was not the only area of law in which those rights were recognized.

By 1971, twenty-nine states and the District of Columbia allowed suits for prenatal injuries based on tort law, and an additional nine rejected the viability distinction and allowing recovery[6]. In 1953, a New York State appellate court found that:

We ought to be safe in this respect. In saying that legal separability should begin where there is biological separability. We know something more of the actual process of conception and foetal development now than when some of the common-law cases were decided; and what we know makes it possible to demonstrate clearly that separability begins at conception.[7]

This rationale was also stated by the Pennsylvania Supreme Court in 1960:

As for the notion that the child must have been viable when the injuries were received, which is claimed the attention of several of the states, we regard it as having little to do with the basic right to recover, when the foetus is regarded as having existence as a separate creature from the moment of conception.[8]

Today, only three states do not provide tort claims for prenatal injuries, nearly 3 thirty states allow for recovery at any point in the pregnancy[9]. This is yet another example of the schizophrenic nature of the Supreme Court denying pre-born children recognition under the law, when the law of torts clearly recognized their rights.

In criminal law, the quickening distinction was dropped my most a legislatures by the 1860s as medical science progressed, and today thirty-eight states have abolished the born alive rule in the lower prosecution for fetal homicide at any time in the pregnancy.[10]him him

Justice Blackmun, writing for the court in Roe, stated that the court did not need to decide the “difficult” question of when life begins, but this is the most important question to be decided. Because it is not the courts job to decide what philosophy or religion is correct, it must be scientific fact which dictates who is covered by the Constitution.  There is no doubt that human life begins at conception (also called fertilization), and even the most cursory glance into the science of fetal development would confirm this fact.[11] The court gave no rationalization for why a human and a person were separate entities, that required separate legal protections under the law, and many have criticized this distinction as similar to the one the Court made in Dred v Scott.[12]


[1] Roe

[2] Roger Resler, Compelling Interest, page 19 – 30

[3] Compelling Interest, page 26

[4] Prof. William Prosser Law of Torts at 335.

[5] In re Holtenhausen’s Will, 175 Misc. 1022, 26 N.Y.S.2d  140 (NY Surr. Ct. 1941).

[6] Abuse of Discretion , page 275

[7] Kelly v. Gregory, 282 App.Div. 542, 125 NYS.2d 696, 697 (1953).

[8]Sinkler v Kneale, 401 Pa. 267, 164 A.2d 93, 96 (1960)

[9] Abuse  of Discretion, page 283 figure 7.

[10] Abuse of Discretion, page 284-5  figure 9.

[11] See e.g.  http://www.princeton.edu/~prolife/articles/embryoquotes2.html (a compilation of quotes from recognized medical textbooks and authorities,  on when human life begins)

[12] See e.g Compelling Interest, page 20;  Justice Scalia’s dissent in Planned Parenthood v. Casey at 998