- Dec 17, 2009
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A fetus is not a baby.
A fetus is a human at a particular stage of development...as is an adult, an adolescent, a toddler, a child, and a baby.
Different ages, same human.
Youre at liberty to call it whatever you like.
But as a fact of law the embryo/fetus is not a person entitled to Constitutional protections, where the privacy rights of the woman are paramount:
After analyzing the usage of "person" in the Constitution, the Court concluded that that word "has application only postnatally." Id., at 157. Commenting on the contingent property interests of the unborn that are generally represented by guardians ad litem, the Court noted: "Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole sense." Id., at 162. Accordingly, an abortion is not "the termination of life entitled to Fourteenth Amendment protection." Id., at 159. From this holding, there was no dissent, see id., at 173; indeed, no member of the Court has ever questioned this fundamental proposition. Thus, as a matter of federal constitutional law, a developing organism that is not yet a "person" does not have what is sometimes described as a "right to life."
Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)
Way to lie about the holding of a case. That is not the holding that is just a blurb you threw in to make people think you know what you are talking about and you do not.
The plurality then overturned the formula used in Roe to weigh the woman's interest in obtaining an abortion against the State's interest in the life of the fetus. Continuing advancements in medical technology meant that at the time Casey was decided, a fetus might be considered viable at 22 or 23 weeks rather than at the 28 weeks that was more common at the time of Roe. The plurality recognized viability as the point at which the state interest in the life of the fetus outweighs the rights of the woman and abortion may be banned entirely "except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother".
Planned Parenthood v. Casey - Wikipedia, the free encyclopedia
The PP case recognized FETAL VIABILITY as the point at which the state has an interest in the life of the fetus except where necessary for preservation of the life or health of the mother.
And you did not link to the holding, butthead.
Now you may resume telling people the law is what you want it to be.