Should The Question How Best To Kill A Child Be A Decided By The Supreme Court?

The courts will be hearing the case challenging the ban on partial birth abortion, I ask how much riskier for a woman’s health is it to completely give birth to their child instead of partially giving birth to the boy/girl and then have the doctor kill him/her. In short it sounds like the health of the mother is never in question which is the only reason for a third trimester abortion of the child I remember according Roe v. Wade.

(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

This phase potentiality of human life is incorrect as human life is known to begin at conception according to science. It is only when you get to theological/philosophical arguments that there is any debate. Viability is the point of which a child can survive outside his/her mother’s womb and occurs at the point where the child has lived 22 weeks or shortly thereafter. The only point in the human life cycle when there is a potential for human life is the gametes as they are not a homo sapient life form though they are living.

In law according to Roe v. Wade this is irrelevant. All that cares is who the law states is a person, and not who is actually a person. .In their argument the deciding judges used prior court decisions to determine what the law was. Court decision are not the law they are merely the interpretation of the law and may be changed at a later date without changing the law. Only the legislators have the power to make or remove laws and therefore a statue law holds precedent over a court decision every time.

The potential hang up in the court for the partial birth abortion ban will be the words “appropriate medical judgment”. The courts decided in Doe v. Bolton than one medical opinion is all that was necessary since they stated the second was unnecessary. If the federal attorneys can present evidence that proves beyond a reasonable doubt there is no health reason for this procedure to be performed then the Justices should decide the law is constitutional. The federal attorneys have an advantage over state attorneys in that Congress can regulate the federal courts and the Seventeenth Amendment removed the states ability to influence the federal government. This makes the judiciary think twice before overturning the a law passed by Congress.

Source 1 is article about Supreme Court hearing case on Partial Birth Abortion.

Source 2 is the majority decision in Roe v Wade