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jberryhill

(62,444 posts)
12. Why not read the decision, for crying out loud?
Thu Feb 16, 2012, 06:09 PM
Feb 2012

You know, if you are going to write a "700 page blog" on the subject, it would be helpful for you to consider that the entire "personhood" argument is thoroughly irrelevant to the grounds on which Roe v. Wade was decided:

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The third reason is the State's interest -- some phrase it in terms of duty -- in protecting prenatal life. Some of the argument for this justification rests on the theory that a new human life is present from the moment of conception. [n45] The State's interest and general obligation to protect life then extends, it is argued, to prenatal life. Only when the life of the pregnant mother herself is at stake, balanced against the life she carries within her, should the interest of the embryo or fetus not prevail. Logically, of course, a legitimate state interest in this area need not stand or fall on acceptance of the belief that life begins at conception or at some other point prior to live birth. In assessing the State's interest, recognition may be given to the less rigid claim that as long as at least potential life is involved, the State may assert interests beyond the protection of the pregnant woman alone.

....

In view of all this, we do not agree that, by adopting one theory of life, Texas may override the rights of the pregnant woman that are at stake. We repeat, however, that the State does have an important and legitimate interest in preserving and protecting the health of the pregnant woman, whether she be a resident of the State or a nonresident who seeks medical consultation and treatment there, and that it has still another important and legitimate interest in protecting the potentiality of human life. These interests are separate and distinct. Each grows in substantiality as the woman approaches [p163] term and, at a point during pregnancy, each becomes "compelling."

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The entire point of Roe was that the state does have an interest in protecting "potential life", but that interest is outweighed by the right of the pregnant woman to medical privacy at the outset.

Saying "life begins at conception" does not change the basis of the decision.

It is snake oil all around, and a great fund raising vehicle.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Of course. That was the whole point of the bill. The Velveteen Ocelot Feb 2012 #1
unfortunately, it had to happen this way....although it will cause a great deal of pain virtualobserver Feb 2012 #7
Can that person vote? WHEN CRABS ROAR Feb 2012 #2
Only if s/he is a corporation. infidel dog Feb 2012 #4
I was just about to say the same thing. n/t garybeck Feb 2012 #8
Also deductable on taxes Angry Dragon Feb 2012 #3
Absolutely libodem Feb 2012 #19
Thank you very much for your concern. The exclamation marks are kestrel91316 Feb 2012 #5
Oh bullshit jberryhill Feb 2012 #6
I hope you are right. But? Brettongarcia Feb 2012 #10
Why not read the decision, for crying out loud? jberryhill Feb 2012 #12
Reviewed decision; revised an above post. But note other concerns, law might not be struck down. Brettongarcia Feb 2012 #14
Dangerous material cited on ACLJ Amicus Brief? A few years ago? If personhood can be determined ... Brettongarcia Feb 2012 #15
Update: passed Okie Senate; must ALSO pass Rep. House; and then be signed by (anti-abortion) Gov. Brettongarcia Feb 2012 #16
I don't understand Oklahoma. Maybe it's all the crystal meth there. nt valerief Feb 2012 #9
I saw the conceptus when I miscarried at 7 weeks. Ilsa Feb 2012 #11
An extreme psycho fundamentalist would call you a "pro-deather" for that opinion. 2ndAmForComputers Feb 2012 #17
Let them speak for themselves... saras Feb 2012 #13
Rick Santorum says he'd prosecute that, and abortion providers (and recipients?) for MURDER! Yup! Brettongarcia Feb 2012 #18
Latest Discussions»Issue Forums»Pro-Choice»UNPRECEDENTED PRO CHOICE ...»Reply #12