"ALL CAPS IN DEFENSE OF LIBERTY IS NO VICE."

Friday, August 12, 2005

FLASH: BABY'S BIRTH PROVES VIABILITY BEGINS BEFORE END OF SECOND TRIMESTER; SO, SHOULDN'T ROE V. WADE BE ADJUSTED?

KNBC/San Diego (hat tip BOTW/TARANTO): Mother Gives Birth Hours After Discovering Pregnancy: Surprise Baby Ready To Go Home
LONG BEACH, Calif. -- The premature baby of a 37-year-old woman who gave birth just hours after finding out she was pregnant is going home Annice Allen said she went to hospital thinking she was having severe menstrual cramps. Three hours later, she found out she was 23 to 24 weeks pregnant and gave birth to a 1-pound, 4-ounce girl she named Jimice. "The doctor says, 'Ok, the fetus is 23 weeks,'" Allen said. "We said, 'The fetus?' We went back and forth with that, and he said, 'How old are you?' I said, 'I'm 37.' So, he puts his hand on me and says, 'A fetus is a baby.' I said, 'I know a fetus is a baby, but I didn't know I was pregnant.'" The baby was born with the umbilical cord wrapped around her neck. "One push, and out comes the baby," Allen said. "She comes out, (husband) Jimmy hits the floor, my mom picks Jimmy up, and it was really crazy." After four months in the hospital, Jimice now weighs 5 pounds, 2 ounces and is going home. Prior to Jimice's birth, Allen said she and her husband had tried to have children but had given up after two miscarriages. "We kind of gave up on it," Allen said. "Then, finally, here she comes." Doctors said the baby was on a ventilator for about one month.
The baby was ONLY 23 weeks - a FULL MONTH BEFORE THE SECOND TRIMESTER WAS FINISHED. IOW: This BABY could have been "ABORTED."

Even pro-choice advocates MUST ADMIT that it's time to adjust the Roe v. Wade rule (which permits states to regulate abortion for adults only after the third trimester begins). That ruling was based on contemporaneous medical science which held that "viability" outside the womb only began AFTER the 27th week. THIS IS NO LONGER TRUE.
["... the Court defined the reciprocal limits of state power and individual freedom within each of the three stages of pregnancy: (1) During the first trimester, the abortion decision must be left to the medical judgment of the pregnant woman's attending physician, as well as the pregnant woman herself; (2) Between the first trimester and viability, the State may regulate the abortion procedure in ways that are reasonably related to maternal health; and (3) Subsequent to viability, the State may regulate and even proscribe abortion, except where it is medically necessary for the preservation of the life or health of the mother. ]
AT THE VERY LEAST, pro-choice advocates should NOW allow states to limit abortions to those pregnancies which are less than 22 weeks old. THIS WOULD BE COMPLETELY CONSISTENT WITH ROE!

Do you think the pro-choice folks will budge on this?! Of course not. WHY?! Because most of them don't consider a fetus a human being which deserves protections and rights until BIRTH!

I think (and hope and pray) that a brave state legislature passes a law based on current medical science so this aspect of Roe V. Wade can be tested in the upcoming SCOTUS session.

If the SCOTUS is intellectually honest - and morally consistent - then they will marginally rollback the Roe v. Wade cutroff date to the 22rd week - (perhaps further, IF AND ONLY IF medical science can establish that viability begins earlier).

2 comments:

Anonymous said...

it's a cool idea: USE roe v wade to restrict abortions.

it might not reduce the number of abortions, but it certainly would reinforce the IDEA that the fetus is a living human - and expand the "culture of life" a little.

and, anything that expands the fetuses chances is good.

Eleanor said...

Amazing news. Always believed legal personality begins at conception.
Busy with a law assignment on viability of birth.
Any chance of law websites or journals i can research to strenghen my arguement.