Unraveling Roe

My legal analysis of /Roe v Wade/ first concerns constitutional powers
and restraints of the judiciary. The jurisdiction (authority to hear a
case) of the U.S. supreme court is limited to maritime and
international issues, and State issues under fact and law. The supreme
court accepts a case under law if there are significant discrepancies
amongst state laws, or it comes under strict scrutiny of the court.
Factual determinations arises out of evidence. Therefore, fact and law
go hand in hand (U.S. Const. Art. III, § 2).

Howewver, the /Roe/ court admitted that it could not determine the
definition of life or viability of a fetus, or its status as a person.
It denied that philosophy, science, or theology offered any guidance (a
shocking denial in face of evidence to the contrary). In the end, the
trimester determination was based on the Victorian concept of the
Quickening. Social pressure to allow access to abortion was high, so
the court washed its hands of the issue by bringing to light a right of
Privacy gleaned from the /Griswold/ privacy right of contraception
case. Under /Roe/, A woman gained private pregnancy issues in which she
could terminate a life without fear of judgment. Abortion could be seen
as an extension of /Griswoldian/ contraception.

This almost works, except for a little known legal concept called
Attainder. In several places, the constitution forbids Bills of
Attainder . . . defined as an act or bill sentencing someone to death
(e.g., for Treason) with a denial of civil rights such as due process
or facing one's accusers. Is /Roe/ essentially a judicial act of
attainder against all fetus'? Huge question.

What should be more thoroughly argued is whether a fetus is a Person.
For instance, "persons born in the United States" in Amend XIV, § 1.
Does 'born' exclude those in the process of being born? Or, is it
implicit that a living fetus has personhood? A person born under the
14th amendment required actual birth, for as an unborn fetus it was
only a transient residence in the US. If the alien was illegal, it is
my opinion that the 14th amendment was vitiated due to a violation of
law, but that is another topic.

This was the 'life' argument Justice Blackmun dodged by denying that
Science, Theology, or Philosophy offered answers to that essential
question. On the contrary, Life is defined by Science, and it supports
the life of a fetus. Blackmun briefly touched on Exodus 21:22. But if
he had quoted it rather than just a secondary citation, the life of a
fetus under biblical murder laws would have been clear. And, finally,
Philosophically, reincarnation is highly accepted amongst most faiths,
including Christian and, especially, Hindus. A fetus as a Person would
have constitutional protections of due process, enjoyment of life, and
against Bills of Attainder.

.

Relevant Pages

  • Re: Unraveling Roe
    ... "Judicial Bill Of Attainder" into Fact, NO MATTER how Many Times You FORGET ... and State issues under fact and law. ... On the contrary, Life is defined by Science, and it supports ... the life of a fetus. ...
    (misc.legal)
  • Re: So Long, France.
    ... Any law you can think of is something that if God wanted to stop he simply would. ... But don't force her by law to have a baby, especially due to your religious views. ... it comes down to when does the fetus become a person. ... There is more than enough proof about the fetus being a separate life from the mother. ...
    (rec.scuba)
  • Re: So Long, France.
    ... God doesn't work that way. ... But don't force her by law to have a baby, ... It is a separate life living in her body. ... Is the fetus a cancer growing in the womb until birth? ...
    (rec.scuba)
  • Re: A Wise White Male vs a Latina Woman
    ... better conclusion than a Latina Woman who hasn't life that life. ... Latina in court, ... It is not their job to change the US Constitution or create law. ... A judges primary job is to interpret the law. ...
    (alt.politics.bush)
  • Re: Discussing crimes on internet?
    ... Billy Bob wrote: ... court of law." ... Since this is *real* life, is it the ...
    (rec.sport.billiard)