dlowan wrote: Fishin' - I am not especially au fait with how the law works in America - but I would have thought that a possible concern for pro-choice people would be that, if the law were changed as proposed, once the first successful prosecution under such a law occurred, then lawyers acting for pro-life groups would be able to cite this as a relevant precedent re murder/manslaughter of a foetus and take it as far as the Supreme Court?
I'd guess that it probably is a concern as well but the proposed Federal Bill is pretty much identical to the laws that exist right now in 24 states (7 states have other laws that change the sentencing as you mentioned as well..) and there have been numerous convictions under the laws in those 24 states since the 1970s already. If someone wanted to appeal a case to the Supreme Court they could do so in any of those cases so adding the Federal level law doesn't create any new legal opportunity that I can see. I did a quick search and there have been appeals of some of these cases as high as the CA, LA, DE and SC State Supreme Courts and all have upheld the convictions although none of the appeals have challenged the validity of the law itself.
A story on one of those appeals:
"The California Supreme Court has upheld the death sentence of William
Dennis, convicted by a Santa Clara County jury for the 1984 Halloween
night murders of his former wife and her unborn child.
In an unanimous opinion written by Justice Ming Chin, the Supreme Court
rejected Dennis' appellate arguments challenging the convictions and the
imposition of the death penalty.
Deputy DA Pauly Kuty said that "it was a horrible crime." Dennis remains
far from an execution date because he is likely to seek further appeals.
A jury in 1988 found Dennis guilty of using a machete with an 18-inch
blade to slay his ex-wife, Doreen Rae Erbert, and her 8-month fetus at
their San Jose home. Prosecutors argued at trial that Dennis, now 47,
had plotted to kill his ex-wife and her husband as revenge for the 1980
death of his 4-year-old son, who drowned in Erbert's swimming pool.
The jury convicted Dennis of 1st degree murder for Doreen Erbert's death, and of 2nd degree murder for the killing of the fetus. Dennis
conceded he was the assailant who donned a Halloween mask and went
to the nearby home of Erbert. After his ex-wiftold him to leave,
Dennis struck her repeatedly with a heavy blade. Jurors said they
did not hav enough proof that Dennis knew his former wife was pregnant
to convict him of 1st degree murder of the fetus.
Defense lawyers for Dennis argued at trial that he should not be given
the death penalty because he was so tormented by the death of his son."