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by Anonymous on July 11th, 2008
No. Courts have determined when a fetus becomes a person so that legal rights vest, but no court (in the U.S.) has made a determination as to when life begins. And I suspect no precedent setting court ever will. This is a scientific (or maybe a religious) question, but not a legal one.
Scientists have determined when life begins (i.e. at conception), but the law does not really care about this. why? Because it is irrelevant.
For example, historically, you could only murder a fetus if it were born alive. If I punched you in the stomach at 9.5 months, and you miscarry, I would have only been charged with murder if your fetus was born alive and then died. The reason for this is child birth was dangerous, and nearly half of all children were still born.
As medical science advanced, so did the law. Today, in nearly every state, you can be charged with murder if you kill a fetus (note the exact timing varies by state). This is because today, even premature babies, have a high survival rate. However, whether you look at historic law or the currents law, the point life begins is irrelevant.
Similarly, in Roe v. Wade (and it progeny), the Supreme Court held that a woman has the right to an abortion so long as the fetus is not viable. Thus, even if life begins at conception, the court only cares about whether or not the fetus could live separated from the mother.
As a side note: I am willing to predict that the right to an abortion will eventually be abolished WITHOUT overruling Roe v. Wade. Why? As medical science advances, eventually a fetus will be viable shortly after conception. If this is true, then that is when a mothers right to abort will end (regardless as to whether when life begins).
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Comments
great answer
by fearfulkitty on July 14th, 2008
but by then, I'm sure medicine will advance far enough that the mother will be able to terminate upon conception without the use of a doctor or the state. I don't see your prediction as any champion of pro-life. If true, it means a lot more neglected, poor, hungry children will be around.
by king of ellipses on July 14th, 2008
I am not trying to champion any cause. I am simply providing the legal analysis. If a fetus is a person with rights, then the fact that more "neglected, poor, hungry children" will exist is irrelevant. If the fetus is a person with rights, then killing the fetus is the same as killing the child after it is born. On the other hand, if the fetus is not a person with rights, then abortion does not affect legal rights (and the choice to allow it would be up to the states).
by Anonymous on July 14th, 2008
I will bet if you gave those "neglected, poor, hungry children" a choice they would still choose to be born.
by fearfulkitty on July 14th, 2008
It's unlikely you're going to "punch a woman in the stomach at 9.5 months" as term gestation is only 9 months or 40 weeks!! Just a FYI
by denniswilliams on February 27th, 2010
That is incorrect. A term pregnancy is 40 weeks (280 days), which is 9.25 months. It is fairly common for a woman to begin labor early or late by one week. Hence, my example provided a scenario where a child is as developed as it realistically could be, yet not born.
by Anonymous on March 26th, 2010