real life wrote:So your rationale for not addressing the issue is that it is 'complicated' and 'bewildering'.
On the contrary, I am eager to discuss the legal ramifications of considering a fetus as a "person" under the fourteenth amendment, and I trust that you are too. So please address the following:
1. If a fetus is a person, how should the state deal with pregnant woman incarcerated in prison? After all, the fetus hadn't committed any crime, and no person can be deprived of his or her liberty without due process of law. So the fetus should be freed, even if the mother remains locked up, correct?
2. Even you believe that a woman should be allowed to have an abortion in those instances when her life is at risk. But, as Blackmun pointed out in his
Roe opinion, allowing the woman to authorize an abortion under these circumstances is itself violative of the fourteenth amendment, which prohibits depriving someone of his or her life without due process of law. So wouldn't you concede that
every abortion, even emergency procedures designed to save the woman's life, must be preceded by a court proceeding in which the fetus's interests are fully represented?
3. If a fetus is a person, then abortion is murder, and the abortionist is a murderer who should get the death penalty (I'll just assume that's your position, rather than wait for you to answer my repeated questions on this point). But shouldn't the woman be arrested and charged with being an accomplice to murder? It is extremely unlikely that the women are not complicit in their own abortions (I have yet to hear of an abortionist who performs the procedure on unwilling patients), so isn't a woman who arranges for an abortion the same as a woman who arranges for the murder of her husband? Death for abortionists, 20 years to life for the women who get abortions, right?
4. If legal "personhood" begins at conception, then wouldn't you agree that any form of birth control that is an abortifacient (e.g. the birth control pill or the IUD) rather than a contraceptive (e.g. condoms or diaphragms) should be outlawed? Furthermore, any woman who aborts a fertilized egg by means of a birth control pill would be, by definition, a self-abortionist, and thus should be arrested, tried, and convicted of murder and sentenced to death, correct?
5. In fertility treatments, clinics routinely use multiple fertilized eggs as a means of increasing the chances of a successful pregnancy. Currently, the unused eggs are discarded. If a fertilized egg is a person, however, we couldn't just dispose of them. What, then, are we to do? Forcibly implant the fertilized eggs into the woman that donated them? What if she doesn't want any more children?
6. According to the fourteenth amendment, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Citizenship, consequently, depends upon where a child is born. So what is the citizenship of a fetus?
7. If a fetus is a person, shouldn't fetuses be counted as persons in the census?