Timothy Benton | Nov 11, 2018 | 0
Challange Of Roe v Wade Most Likely Headed to Supreme Court
With the new makeup of the court, I knew it was only a matter of time until Roe v Wade came up on the docket, although I will admit this was a little surprising on how quickly it has come up.
My question on Roe v Wade has always been the laws that surround it. A great example is a state I live in, Wisconsin; if a mother is caught doing drugs while pregnant, under Wisconsin law, they can be charged with child abuse. But say they end up in jail, the day they are released, they can go to the local abortion clinic and abort the child; thus the law makes no sense.
Wisconsin is not the only state with such laws, some states go as far as to make it legal to test for possible use while under suspicion, Minnesota, South Dakota, and my state, Wisconsin go even as step beyond this, make it likely to commit pregnant women that are unable to stop using into medical facilities until they give birth.
What we see is a move by some states to protect the fetus at all cost, yet Roe v Wade is in direct conflict with these laws, so it is of little surprise that this was brought up for a challenge.
On Friday the Alabama Supreme Court issued an astounding ruling that could potentially lead to the reversal of Roe v. Wade, the landmark 1973 ruling that legalized abortion.
The case the court ruled on, Jessie Phillips v. State of Alabama, concerned a man who was sentenced to death two years ago for the murder of his pregnant wife, Erica Droze Phillips, and their unborn child.
After his conviction, Phillips appealed his sentence because he’d only murdered one person versus two, his point being that his unborn baby shouldn’t have been counted as a person.
This appeal was an attempt to reverse the Brody Act; a state law reportedly enacted twelve years ago that designated the murder of an unborn baby a punishable homicide.
In Friday’s unanimous ruling, the court struck down his appeal on the basis that “the value of the life of an unborn child is no less than the value of the lives of other persons,” according to LifeSiteNews.
Given the existence of the Brody Act, this ruling wasn’t surprising. What did shock many was a separate opinion penned by Alabama Supreme Court Justice Tom Parker in which he explicitly urged the national Supreme Court to reverse Roe v. Wade.
What this will do is force the Supreme Court, or some lower court if they toss the ruling back to define when a human life is afforded the same protection as others under the law. This could very well further weaken Roe v Wade, or at least put more power in back to the states, the way the founding fathers intended.