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:
“One may disavow and disclaim vices that surprise us, and whereto our passions transport us; but those which by long habits are rooted in a strong and ... powerful will are not subject to contradiction. Repentance is but a denying of our will, and an opposition of our fantasies.”
—Michel de Montaigne (1533–1592)
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—Sigmund Freud (1856–1939)
“To die proudly when it is no longer possible to live proudly. Death freely chosen, death at the right time, brightly and cheerfully accomplished amid children and witnesses: then a real farewell is still possible, as the one who is taking leave is still there; also a real estimate of what one has wished, drawing the sum of one’s life—all in opposition to the wretched and revolting comedy that Christianity has made of the hour of death.”
—Friedrich Nietzsche (1844–1900)