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NOW Spokeswoman asks, "Was It Born?"

 
 
fishin
 
  1  
Reply Mon 28 Apr, 2003 08:12 am
While I agree with the over all sentiment this argument has tons of holes in it.

Terry wrote:
In any case, federal laws should not be used to impose religious beliefs on others. So is there any rational basis for deciding when a fetus becomes a person and acquires limited legal rights?


The "Federal Laws" in question here would only apply to Federal cases - the states would continue to manage the cases as they have and 33 of the states already have laws that cover this situation.

Quote:
Yes, there is. The sole criterion for personhood is sentience. The fetal brain develops to the point that consciousness MIGHT be possible at around 24 weeks gestation, when brain waves begin to show regular patterns.


The sole criterion? Is that sentience suddenly apparent at 23 weeks and 3 days or at 24 weeks and 1 day? It's an interesting criterion but I don't know of any legal system anywhere in the world that uses or recognizes it as a criterion since it is something that can't be determined.

Quote:
Before that point, it cannot be considered a person and is the property of the woman in whose womb it resides. Like any other property, she may dispose of it if she chooses but must be compensated for any harm done to it by others.


Property? Compensated? So the woman should be handed $20 and told to be on her way? What is the cash value of a fetus nowadays?

Quote:
I agree that there should be retribution for the murder of any person, but if society chooses to grant legal status to a third trimester fetus, pregnant women who use nicotine, alcohol or other drugs or fail to provide proper nourishment to their unborn baby could find themselves facing charges as well.


Can you point to any case where this has happened in the 33 states that consider the killing of a fetus to be murder as is being discussed here?
0 Replies
 
blatham
 
  1  
Reply Mon 28 Apr, 2003 08:16 am
Terry

A pleasure to read your careful post, and to have you aboard here.
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Ethel2
 
  1  
Reply Mon 28 Apr, 2003 08:42 am
fishin,

I think what many of us are saying is we believe this law is a thinly disguised attempt to ban abortion in this country. So just talking about the law itself, skirts the issue, just as the proposed law itself does.
0 Replies
 
fishin
 
  1  
Reply Mon 28 Apr, 2003 09:08 am
Lola,

I understood that and have just as many concerns about what may happen and whether or not this is a step in that direction but it seems a bit foolish to me to oppose legislation because of what may or may not happen 6 steps further on down the road.

Right now there is a disconnect in the laws and that disconnect needs to be closed one way or the other. The proposed law itself has clear exemptions for actions taken by a medical professional and doesn't ban or limit abortions in any way so claims that THIS law would ban abortions don't hold water. The majority of arguments being listed don't provide justification for opposition to THIS law - they are arguments against future laws that may or may not ever happen.
0 Replies
 
sozobe
 
  1  
Reply Mon 28 Apr, 2003 09:25 am
Well, I do have a specific concern with how the late-term abortion law is being handled, and parallels. Both are principles that are fine, but the law as specifically written goes beyond the principles that are being debated. (See my excerpt a page or two back.) So it's not just an abstract idea, it is something that appears to be happening with a bill that has many parallels.
0 Replies
 
Ethel2
 
  1  
Reply Mon 28 Apr, 2003 09:38 am
It's unclear to me what disconnect there is in the law. Laci Peterson (for example) was murdered. Why is it necessary for two counts of murder against her assailant? One is obviously enough. And the jury will, no doubt take into account the unborn baby. Terry makes a good point when he says that a federal law against the murder of a fetus would not have saved either Laci or Connor, her unborn child. I know people have strong feelings about this case. And it's unconscionable for the Republicans to make political hay out of it. It is such a good example of a style employed by religious conservative republicans. They take a tragic situation (like 9/11 or Laci Peterson) and turn it into an avenue for their own political/religious goals. And in this case the goals are to coerce the American public into changing abortion laws, not through judging the issue on it's own merits, but by stealth. Sozobe's right, this is about the erosion of civil rights. If it were not, how can we explain the sudden urgency for it to become a federal crime?
0 Replies
 
fishin
 
  1  
Reply Mon 28 Apr, 2003 10:51 am
Lola wrote:
It's unclear to me what disconnect there is in the law.


There are several disconnects in the laws. A woman can currently be arrested if harming her unborn fetus and can even be prevented from legally seeking an abortion (as was done right here in MA when a woman was arrested and imprisioned to ensure she didn't harm the fetus she was carrying).

Quote:
Laci Peterson (for example) was murdered. Why is it necessary for two counts of murder against her assailant? One is obviously enough. And the jury will, no doubt take into account the unborn baby.


You'll note that the law was proposed in 2001 - long before anyone had heard of Laci Peterson..

Quote:
Terry makes a good point when he says that a federal law against the murder of a fetus would not have saved either Laci or Connor, her unborn child.


Yeah, I'd agree with that.. But it also isn't a Federal case so it's a bit of a red herring. CA, teh government body that does have jurisdiction, does have the law and it didn't prevent the murders.

Quote:
I know people have strong feelings about this case. And it's unconscionable for the Republicans to make political hay out of it.


No more so than making a decision that a fetus has equeal status with a pound of ground beef. That seems a bit of a callous view of the fetus.

Quote:
It is such a good example of a style employed by religious conservative republicans. They take a tragic situation (like 9/11 or Laci Peterson) and turn it into an avenue for their own political/religious goals. And in this case the goals are to coerce the American public into changing abortion laws, not through judging the issue on it's own merits, but by stealth. Sozobe's right, this is about the erosion of civil rights. If it were not, how can we explain the sudden urgency for it to become a federal crime?


Oh please.. Exactly which abortion law would be overturned by this law? Not a single one! The "religious conservative Republicans" aren't the only one's playing games here or elsewhere (The same tactic is employed by the left with gun control every time somone gets shot).

You seem very concerned about the rights of women to terminate their pregancy if they choose to but what about the rights of women to have a child if they choose to? What about people who make that decision for them by terminating that fetus against the wishes of those very women? When did the right to an abortion become a more significant right than the right to have a child? The "right to choose" means the choice of having the child as well as the right to choose to terminate that child.
0 Replies
 
Craven de Kere
 
  1  
Reply Mon 28 Apr, 2003 12:41 pm
ferrous wrote:
Craven de Kere wrote:

Some people consider this an abortion/murder etc.


But check up on your biology... The morning after pill, prevents the sperm from impregnating the egg. Usually, fertilization occurs, no sooner than at least 24 hours after sex. This pill is a form of contraception, and "Not" an abortion.

Of course, you could always argue, that all forms of contraception is abortion/murder. There will always be some (Pope John Paul II) that will agree with that.


The part in bold is my point. I have nothing against abortion or contraceptives. There are those who do.
0 Replies
 
Craven de Kere
 
  1  
Reply Mon 28 Apr, 2003 12:49 pm
fishin' wrote:
Quote:
Before that point, it cannot be considered a person and is the property of the woman in whose womb it resides. Like any other property, she may dispose of it if she chooses but must be compensated for any harm done to it by others.


Property? Compensated? So the woman should be handed $20 and told to be on her way? What is the cash value of a fetus nowadays?


What's the value of an adult's life these days? The difficulty in quantifying value of life that does not have a policy taken out on it is one not particular to this case.


fishin' wrote:

You'll note that the law was proposed in 2001 - long before anyone had heard of Laci Peterson..


You yourself should take note of the fact that nobody said it was a law tailored to Laci's case (which wouldn't apply retroactively anyway). Laci was used as an example to detract from the usefullness of the law.

fishin' wrote:

Quote:
I know people have strong feelings about this case. And it's unconscionable for the Republicans to make political hay out of it.


No more so than making a decision that a fetus has equeal status with a pound of ground beef. That seems a bit of a callous view of the fetus.


Nice straw man you have there.

fishin' wrote:

Oh please.. Exactly which abortion law would be overturned by this law? Not a single one! The "religious conservative Republicans" aren't the only one's playing games here or elsewhere (The same tactic is employed by the left with gun control every time somone gets shot).


Ahh the old two wrongs make a right excuse. What do your issues with the left have to do with this? Whether they do it or not is only relevant to an argument that states that one side is not subject to such tactics. A case that was not made. This is a perfect example of a red herring.

fishin' wrote:
You seem very concerned about the rights of women to terminate their pregancy if they choose to but what about the rights of women to have a child if they choose to? What about people who make that decision for them by terminating that fetus against the wishes of those very women? When did the right to an abortion become a more significant right than the right to have a child? The "right to choose" means the choice of having the child as well as the right to choose to terminate that child.


Nobody said anything about denying a woman the right to have a child did they? If so I missed it, if not you are making a straw man again.
0 Replies
 
fishin
 
  1  
Reply Mon 28 Apr, 2003 01:10 pm
Craven de Kere wrote:
fishin' wrote:
Quote:
Before that point, it cannot be considered a person and is the property of the woman in whose womb it resides. Like any other property, she may dispose of it if she chooses but must be compensated for any harm done to it by others.


Property? Compensated? So the woman should be handed $20 and told to be on her way? What is the cash value of a fetus nowadays?


What's the value of an adult's life these days? The difficulty in quantifying value of life that does not have a policy taken out on it is one not particular to this case.


Regardless of whether it is particualr to this case or not, the comment was made and I'm free to respond to it.

Quote:
fishin' wrote:

You'll note that the law was proposed in 2001 - long before anyone had heard of Laci Peterson..


You yourself should take note of the fact that nobody said it was a law tailored to Laci's case (which wouldn't apply retroactively anyway). Laci was used as an example to detract from the usefullness of the law.


Yes, and you should note that I didn't either.. Context is a wonderful thing.

Quote:
fishin' wrote:

Quote:
I know people have strong feelings about this case. And it's unconscionable for the Republicans to make political hay out of it.


No more so than making a decision that a fetus has equeal status with a pound of ground beef. That seems a bit of a callous view of the fetus.


Nice straw man you have there.


Not near as good as yours.

Quote:
fishin' wrote:

Oh please.. Exactly which abortion law would be overturned by this law? Not a single one! The "religious conservative Republicans" aren't the only one's playing games here or elsewhere (The same tactic is employed by the left with gun control every time somone gets shot).


Ahh the old two wrongs make a right excuse. What do your issues with the left have to do with this? Whether they do it or not is only relevant to an argument that states that one side is not subject to such tactics. A case that was not made. This is a perfect example of a red herring.


No. It's a perfect example of frustration with people raising BS political idealogy in a thread for absolutely no reason.

Quote:
Nobody said anything about denying a woman the right to have a child did they? If so I missed it, if not you are making a straw man again.


Hardly. The law which is the topic of this discussion protects the rights of those women who wish to have their child and punishes those who act to deny them that right. Someone who is agaisnt the law on the basis that it is somehow an infringement on a woman's right to have an abortion are placing one side of the Freedom of Choice decision above the other and they are on equeal footing. No, they aren't denying them the choice, just the possible freedom to make that choice.
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Craven de Kere
 
  1  
Reply Mon 28 Apr, 2003 01:25 pm
fishin' wrote:

Regardless of whether it is particualr to this case or not, the comment was made and I'm free to respond to it.


Nowhere did I contest your right to say it. I contested its validity as an argument. You chose to address the issue of your right to say it rather than its validity. Another irrelevant factor.

fishin' wrote:

Yes, and you should note that I didn't either.. Context is a wonderful thing.


Context is a wonderful thing, my question is if you plan to use it. What relevance does the date of the law carry?


fishin' wrote:

Not near as good as yours.


Show me. I did not create a straw man. It can be argued that those who said that the Republicans were doing this and that made a straw man but I made no comment along those lines, if you think I have made a straw man please show it. Feckless allegations are exactly that, feckless allegations.

fishin' wrote:

No. It's a perfect example of frustration with people raising BS political idealogy in a thread for absolutely no reason.


So you counter with your own brand? Hence the two wrongs don't make a right comment.

fishin' wrote:
Quote:
Nobody said anything about denying a woman the right to have a child did they? If so I missed it, if not you are making a straw man again.


Hardly. The law which is the topic of this discussion protects the rights of those women who wish to have their child and punishes those who act to deny them that right. Someone who is agaisnt the law on the basis that it is somehow an infringement on a woman's right to have an abortion are placing one side of the Freedom of Choice decision above the other and they are on equeal footing. No, they aren't denying them the choice, just the possible freedom to make that choice.


This is unmitigated bull, protecting the woman's right to bear her child is covered under other unreated laws. The people here on this thread have expressed concern that this is an issue that is intended to be used to strengthen the pro-life camp's case. Nowhere did they suggest that anything be done to weaken a woman's right to carry her child and the laws that protect these rights.

They did say that legislation about the fetus would not improve the woman's chances in cases like Laci's.

Then you turn arround and decide to apply red herrings upon straw men upon red herrings.

A) the date of the law was not an issue. It's ability to afford the woman's child more protection was. You chose to name a date. Red herring.

B) Nobody wants the woman to have less of a right to bear her child. Straw man.

C)You are the only person calling a fetus a piece of ground beef. This is a silly rhetorical ploy, you wish to put words in the mouths of your opponents but futher more want to make it as vile as possible. They allegedly not only think it's meat but ground as well. This is the epitome of a straw man.

D) You bring up political bullshit to combat "political bullshit".


Please point out my straw men. When I called your arguments straw men I pointed them out and explained why I think so.

I can understand your desire to reciprocate the allegation ("butt breath!""no you butt breath!") but you could use a little intellectual curiosity by explaining why you allege that I have constructed a straw man.
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Craven de Kere
 
  1  
Reply Mon 28 Apr, 2003 01:40 pm
BTW, Fishin' I'm operating under the assumption that you don't mind this style of debate. Let me know if this is not the case and I'll try to do the style with more niceties etc.
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Ethel2
 
  1  
Reply Mon 28 Apr, 2003 01:48 pm
fishin wrote:

"No. It's a perfect example of frustration with people raising BS political idealogy in a thread for absolutely no reason."



I'm a bit confused about this point, fishin. The title of this thread is "NOW spokeswoman asks, 'was it born?'" Is this not a thread about the politics involved in this proposed legislation? If it's not, the thread certainly has a strange title. And also, if it's not, what is there to talk about? Would anyone here say that it's not a good idea to punish those who knowingly commit murder? If it's not about politics and civil rights, what is this thread about?
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dyslexia
 
  1  
Reply Mon 28 Apr, 2003 02:04 pm
As i child protection team worker i had an occassion to be involved in a case where a young lady had 4 previous children removed from her custody for extreme violence and neglect resulting in death of two of her children, she had become pregnant again. In conference with a judge, always sensitive to legal implications, it was decided that the judge would issue me a warrant for custody of expected child upon delivery dated and timed at the point of delivery. (my only experience witnissing birth of a child). The point being that courts are very sensitive about legal precedence in this area of law.
0 Replies
 
fishin
 
  1  
Reply Mon 28 Apr, 2003 03:06 pm
Craven de Kere wrote:
fishin' wrote:

Yes, and you should note that I didn't either.. Context is a wonderful thing.


Context is a wonderful thing, my question is if you plan to use it. What relevance does the date of the law carry?


The relevance that is carries is that Laci Peterson was brought up as an example (by Lola) and the date clearly demonstrates that her case was not in any way, a consideration in drafting the law - exactly as you stated.

Quote:
fishin' wrote:

Not near as good as yours.


Show me. I did not create a straw man. It can be argued that those who said that the Republicans were doing this and that made a straw man but I made no comment along those lines, if you think I have made a straw man please show it. Feckless allegations are exactly that, feckless allegations.


Quote:
fishin' wrote:
No. It's a perfect example of frustration with people raising BS political idealogy in a thread for absolutely no reason.


So you counter with your own brand? Hence the two wrongs don't make a right comment.


Yup. My comment was intended to be a tongue in cheek response intended to demnostrate the absurdity of the "religious conservative Republicans" comment. Apparently people took notice.

Quote:
fishin' wrote:
Hardly. The law which is the topic of this discussion protects the rights of those women who wish to have their child and punishes those who act to deny them that right. Someone who is agaisnt the law on the basis that it is somehow an infringement on a woman's right to have an abortion are placing one side of the Freedom of Choice decision above the other and they are on equeal footing. No, they aren't denying them the choice, just the possible freedom to make that choice.


This is unmitigated bull, protecting the woman's right to bear her child is covered under other unreated laws. The people here on this thread have expressed concern that this is an issue that is intended to be used to strengthen the pro-life camp's case. Nowhere did they suggest that anything be done to weaken a woman's right to carry her child and the laws that protect these rights.


Really? Which unrelated laws cover this? There is another case pending in NC which is somewheat similar. A woman, 7.5 months pregnant was murdered. The accused is being held on one charge. No additional charges are available nor is there any additional penalty for the fact that the woman was 7.5 months pregnant. When this bill was in the Judicary Committee in the House there were 4 other cases that were covered where there was no additional charges/penalties available to prosecute the offenders with. At the Federal level, there AREN'T "other laws". What is unmitigated bull here is the claim that the bill infringes on abortion rights.

Quote:
A) the date of the law was not an issue. It's ability to afford the woman's child more protection was. You chose to name a date. Red herring.


The rationale for that is listed above.

Quote:
B) Nobody wants the woman to have less of a right to bear her child. Straw man.


Straw man yourself. Where did I ever say they did? What I said was that they weren't holding the abortion and having the child options on the Freedom of Choice decision on equeal levels.

The argument is being made that this proposed law somehow infringes on a woman's right to choose to have an abortion when the bill clearly says otherwise. They don't want to lessen the woman's right to have a child but they don't want to strengthen the protection of that right either. The bill doesn't weaken existing abortion laws in any way shape or form but not having the bill leaves the federal government without a criminal remedy for cases where things like this occur. We have several clear cases where women WERE denied the right to have their child and those who are against this law are basiclly saying that they don't want to do anything about it because of a fear of some possible further future action which is precluded in the law itself. The right to have the child exists and we have proof that people are being denied that right. Should that be allowed to continue?

Quote:
C)You are the only person calling a fetus a piece of ground beef. This is a silly rhetorical ploy, you wish to put words in the mouths of your opponents but futher more want to make it as vile as possible. They allegedly not only think it's meat but ground as well. This is the epitome of a straw man.


Call it a bicycle. Call it a car. Call it whatever you'd like. The reduction of a fetus to mere property wasn't done by me and ought to be offensive to anyone. It is also a faulty view of standing law.

Quote:
Please point out my straw men. When I called your arguments straw men I pointed them out and explained why I think so.


Look at your responses. You didn't counter most of the points nor did you counter the overall idea. You made lots of accusations of red herrings and straw man arguments. "Nice straw man you have there" is a rebuttal and/or explanation????

Another example:
Terry said "Like any other property, she may dispose of it if she chooses but must be compensated for any harm done to it by others."

to wit I commented: "Property? Compensated? So the woman should be handed $20 and told to be on her way? What is the cash value of a fetus nowadays?"

And then you followed with: "What's the value of an adult's life these days? The difficulty in quantifying value of life that does not have a policy taken out on it is one not particular to this case."

The original point raised there was that the fetus has (or should have) no status other than property and that the woman "must be compensated" which I commented on and then you commented that it isn't particular to this case.

You disected the comment and chose to focus on one line and missed the point entirely. The value is irrelevant. The issue I questioned is the reduction of the fetus to property and afixing a value to that "property".
0 Replies
 
fishin
 
  1  
Reply Mon 28 Apr, 2003 03:10 pm
Lola wrote:
fishin wrote:

"No. It's a perfect example of frustration with people raising BS political idealogy in a thread for absolutely no reason."



I'm a bit confused about this point, fishin. The title of this thread is "NOW spokeswoman asks, 'was it born?'" Is this not a thread about the politics involved in this proposed legislation? If it's not, the thread certainly has a strange title. And also, if it's not, what is there to talk about? Would anyone here say that it's not a good idea to punish those who knowingly commit murder? If it's not about politics and civil rights, what is this thread about?


Being that the thread was posted in the "Legal" forum I presumed it was intended as a legal discussion. If it was intended as a political discussion it should have been posted in "Politics" IMO. It seems to me that the legal validity of the law itself is worthy of discussion.... I thought that was the intent of the Legal forum. ????????
0 Replies
 
Craven de Kere
 
  1  
Reply Mon 28 Apr, 2003 03:30 pm
I'll answer you later Fishin' (I'm on the phoen with the FDA now) but it was not posted to the legal forum. I moved it. It was posted to the politics forum. And the post you mention preceed the move.
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cavfancier
 
  1  
Reply Mon 28 Apr, 2003 04:06 pm
Given that we are in the legal forum, perhaps we should get some focus and actually think like lawyers. I happen to agree with the fact that the charge of double murder does smell of pushing an anti-abortion bill through congress (and lets not forget what faction supported the war in Iraq). If, in this case, he is eventually convicted of the double murder, and as far as I remember, he is currently only charged with a double murder, it would definitely represent a serious blow to the pro-choice movement. At this point, all other tangents, moral and/or religious, regarding the outcome of such an occurence, are irrelevant to this issue, unless someone wants to start another post in another forum, say philosophy and debate, or religion, or even politics. My apologies for being grumpy, it's been a long day Rolling Eyes
0 Replies
 
sozobe
 
  1  
Reply Mon 28 Apr, 2003 04:10 pm
<pats cavfancier's shoulder>

I saw this discussion as being "legal" in the sense of "of or pertaining to laws" without being a narrow definition of whether the proposed bill is legal or not.
0 Replies
 
Sofia
 
  1  
Reply Mon 28 Apr, 2003 04:28 pm
OK--

California law states the 'fetus' is considered alive at eight weeks gestation, and if killed by means other than abortion, is murdered.

NOW seems to want to discount this standing CA law, by asking, "Was it born."

Are we discussing this, or some other proposed legislation? Because Scott will be tried on the existing CA law.... Correct?
0 Replies
 
 

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