Opposition
The Unborn Victims of Violence Act was strongly opposed by most pro-choice organizations, on grounds that the U.S. Supreme Court's Roe v. Wade decision said that the human fetus is not a "person" under the Fourteenth Amendment to the Constitution, and that if the fetus were a Fourteenth Amendment "person," then he or she would have a constitutional right to life. However, the laws of 36 states also recognize the human fetus as the legal victim of homicide (and often, other violent crimes) during the entire period of pre-natal development (27 states) or during part of the pre-natal period (nine states). Legal challenges to these laws, arguing that they violate Roe v. Wade or other U.S. Supreme Court precedents, have been uniformly rejected by both the federal and the state courts, including the supreme courts of California, Pennsylvania, and Minnesota.
Some prominent legal scholars who strongly support Roe v. Wade, such as Prof. Walter Dellinger of Duke University Law School, Richard Parker of Harvard, and Sherry F. Colb of Rutgers Law School, have written that fetal homicide laws do not conflict with Roe v. Wade.
A principle that allows language in a law to not conflict with Roe, which logically should trigger Roe’s “collapse” clause, was explained in Webster_v._Reproductive_Health_Services, 492 US 490 (1989). Until such language becomes the basis for laws that specify penalties for abortion, the issue is not even before the court, of whether or not such language conflicts with Roe, and if so, which should be struck down.
Read more about this topic: Unborn Victims Of Violence Act
Famous quotes containing the word opposition:
“A man with your experience in affairs must have seen cause to appreciate the futility of opposition to the moral sentiment. However feeble the sufferer and however great the oppressor, it is in the nature of things that the blow should recoil upon the aggressor. For God is in the sentiment, and it cannot be withstood.”
—Ralph Waldo Emerson (1803–1882)
“It is useless to check the vain dunce who has caught the mania of scribbling, whether prose or poetry, canzonets or criticisms,—let such a one go on till the disease exhausts itself. Opposition like water, thrown on burning oil, but increases the evil, because a person of weak judgment will seldom listen to reason, but become obstinate under reproof.”
—Sarah Josepha Buell Hale 1788–1879, U.S. novelist, poet and women’s magazine editor. American Ladies Magazine, pp. 36-40 (December 1828)
“The ancient bitter opposition to improved methods [of production] on the ancient theory that it more than temporarily deprives men of employment ... has no place in the gospel of American progress.”
—Herbert Hoover (1874–1964)