Fla. doctor investigated in badly botched abortion

[Kappamd]

Um, I don't think that just because the INTENT was an abortion, that this should not be considered murder. Every ethics class I've ever taken, including one that spent about 6 weeks debating the ethics of abortion, has taught me that even THE MOST LENIENT theories about when life begins say that it is at birth (well aside from some crazy theory that says we don't actually become human until age 2). This child was born, and then purposely left to die. =Murder to me.

[MysticCat]

Originally Posted by Kevin

The trimester framework was thrown out in Planned Parenthood v. Casey. In that case, the Court retained the viability aspect of the test but made it something of a moving target. They said that prior to the point of viability, the woman has the right to make decisions regarding her own body [I paraphrase], after the point of viability, however, the state's interest in protecting life kicks in and the state can do whatever it deems necessary, even proscribing abortions altogether. The Court, of course, left us with an exception which probably eats the rule -- when the health of the mother is in question, the state's interest in protecting life yields to that. What this "health" interest is, no one really knows.

Originally Posted by KSigkid

I usually will hesitate to disagree with MC on legal issues, but this was my understanding as well, that the plurality in Casey threw out the trimester framework. Other than what you've posted, though, I don't think a whole lot more came out of the case (as noted by your last sentence).

LOL. Oh go ahead and disagree with me. My age is showing here -- I was in law school pre-Casey, and this isn't something I typically need to deal with work-wise. I thought in remembered that Casey modified the Roe-trimester framework somewhat but still left in intact. This is what I get for not going back and looking it up. Thanks for setting it straight.

Originally Posted by honeychile

While I consider myself pro-life, I really don't accept 100% of their literature without doubt.

Based on my experience, that is a wise approach with any type of group, whether pro-life, pro-choice or pro-/anti-anything.

Originally Posted by Thetagirl218

honeychile stated her opinion and she has been picked on ever since. We all have a right to believe what we believe and should be able to state that belief without being picked on.

I don't think anyone has picked on her, and I'm glad to see that she doesn't feel that way either. Many of us disagreed with one statement that she made (about society accepting this), and I, at least, did so to reassure her, not pick on her. But in any event, simply disagreeing with someone =/= picking on them.

BTW, I saw in the paper that the doctor's license was suspended.

[KSigkid]

Originally Posted by MysticCat

LOL. Oh go ahead and disagree with me. My age is showing here -- I was in law school pre-Casey, and this isn't something I typically need to deal with work-wise. I thought in remembered that Casey modified the Roe-trimester framework somewhat but still left in intact. This is what I get for not going back and looking it up. Thanks for setting it straight.

Haha, not a problem - and, depending on who you talk to, I think some people give Casey considerably less precedential weight, between the vastly-split plurality and the seeming contradictions throughout O'Connor's opinion.

I think it's kind of funny that Alito wrote the dissent from the Third Circuit's opinion in the case. But, that's just me being a complete nerd...

[AOII Angel]

Originally Posted by Kappamd

Um, I don't think that just because the INTENT was an abortion, that this should not be considered murder. Every ethics class I've ever taken, including one that spent about 6 weeks debating the ethics of abortion, has taught me that even THE MOST LENIENT theories about when life begins say that it is at birth (well aside from some crazy theory that says we don't actually become human until age 2). This child was born, and then purposely left to die. =Murder to me.

We don't know that the baby was actually alive for long. A precipitous delivery with no neonatal staff present to resuscitate a 23 week baby would result in a very quick death by the baby. That is poor planning and unfortunate, but not murder. Disposing of the baby in the manner described was abhorrent. Does some poor office worker in an abortion clinic deserve to go to prison for murder because of poor judgement? If the baby had been born then cut into a million pieces, then yes, it would be murder. The baby in question would have died even if the worker had called 911. No one would have been able to intubate and resuscitate a
a baby that premature on a standard EMS team.