Question For My End Of Year Project

[n_and]

Okay. I am just about ready to start the writing process on my end of year project. It is about Partial Birth Abortions. The problem is, there are so many laws that contradict each other! Federal law left it up to each individual state to decide, but when is a person considered so? Some states (30, to my knowledge) outright ban the procedure. Others ban what they call the D&E process. There are to many details and interesting facts to get into, so my question is - does Legal Personhood exist, or is this just a fictional law? If Legal Personhood does exist, what is the statute? Anyone know? I have looked and looked, can't find a thing.

Thanks.

 

[racer72]

The purpose of this forum is to help folks with real problems, not to do your homework. Try a local law library.

 

[n_and]

Actually, I have seen alot of people come to this site for research purposes, ergo I posted for this purpose. And, so you know, I have went to my local law library. I can find nothing there, nor can I find it online, whether Legal Personhood exists. I have stated before to Pfaffing that I may use this site from time to time for research, and seeing as he had no problem with this, and apparantly has posted here numerous times, I posted here. It is not a big deal. Now. Does anyone know of any statute for Legal Personhood?

 

[HomeGuru]

Okay. I am just about ready to start the writing process on my end of year project. It is about Partial Birth Abortions. The problem is, there are so many laws that contradict each other! Federal law left it up to each individual state to decide, but when is a person considered so? Some states (30, to my knowledge) outright ban the procedure. Others ban what they call the D&E process. There are to many details and interesting facts to get into, so my question is - does Legal Personhood exist, or is this just a fictional law? If Legal Personhood does exist, what is the statute? Anyone know? I have looked and looked, can't find a thing.

Thanks.

**A: I believe what you are searching for is covering by case law and some statutory law since this is an ongoing issue that has not yet been fully resolved. At last check there were only 20 states that has statutes on this subject. I did run across a case that I read where it was established that the unborn child was a legal person and therefore the mother had a right to sue on behalf of her child under a wrongful death claim. This case was not in concert with the outcome of Roe V. Wade. I am thinking that this Supreme Court case was in Mississippi, but I could be wrong.

 

[n_and]

Thanks. I will definitly look for that case, once again another night pouring over books!!! Thanks again for the info, highly helpful

 

[HomeGuru]

Thanks. I will definitly look for that case, once again another night pouring over books!!! Thanks again for the info, highly helpful

**A: Ok, let us know what you find. In your research you will discover that Roe v. Wade was a huge landmark case involving the mother's right to choose and arbortion. The outcome was that the courts ruled that the unborn child was not a legal person. Some pro-lifers actually set fire to some abortion clinics and Doctors performing abortions became targets. Various states have upcoming trials whereby the final decision couid possibly chip away at Roe V. Wade.
I have heard of another case whereby the state sued the mother of the unborn child on behalf of the "legal person" based on a personal injury claim. The mother was on drugs.

 

[n_and]

finished with all research

You know, leave it to me to take on such a controversial project! Well.
Legal Personhood does exist, however Congress left it up to each state/local legislature to deem exactly what 'Legal Personhood' is. In Roe v. Wade, the ruling (as you know) did not recognize a child in utero to be under the protection of the due process clause in the Fourteenth Ammendment. Now, with this equal protection clause, such a rule of equivalent values to all human life would (arguably) deem abortion illegal.
In an adoption of the Fourteenth Amendment, Congress enacted a number of criminal statutes designed to outlaw such practices. One of these statutes protects "any inhabitant" from acts "under color of any law, statute, ordinance, regulation, or custom" that "willfully" deprive him "of any rights, privileges, or immunities secured or protected by the Constitution" or of "full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens." 18 U.S.C. Section 242.
Hence, all the contraversy.
Now, I did locate a few cases in which a mother carrying a child was beaten or abused, lost her child, sued, and was awarded punitive damages. But in my project I really want to focus on partial-birth abortion, and I'm pretty sure I have gathered all relevant info I will need. It is too bad I can't use my opinion on anything because the process disgusts me. Anyway, thanks for your help HomeGuru. It sure made for some interesting research on my part. Happy St. Patricks Day!!