Miss. high court: Fetus a 'person'

[Maddy McCall]

http://www.clarionledger.com/news/0308/22/m01.html


The justices upheld a Bolivar County woman's right to pursue a wrongful death claim after she alleged emotional distress and a mistake by her doctors caused her to have a miscarriage. The fetus was 19 weeks old at the time, according to doctors.

Presiding Justice Chuck McRae, in a written dissent, described the decision as an assault on Roe v. Wade, the landmark ruling that legalized abortion in America. McRae said the decision will only create more confusion in the courts. The opinion noted that six other states have a similar wrongful death provision but did not name the states.

The 6-2 ruling expands the definition of a "person" in wrongful death statutes to include an "unborn child." Current law allows people to sue for the wrongful death of a newly born or prematurely born fetus that would have been expected to live.

More at the link above.

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So, now anyone who lives in Mississippi can sue anyone else for wrongful death if they feel their miscarriage is the other person's fault. My limited understanding of miscarriages is that sometimes they just happen because of a deformity with the fetus (my own gynecologist told me this).

[Rowdyboy]

1. I'm irritated and embarrassed...

This will never pass Supreme Court scrutiny...its a gross misapplication of the law and a waste of state tax money to defend.. I get so damned tired sometimes...

[Maddy McCall]

2. I'm with ya, Rowdy.

How are things up there?

I am glad we have Chuck on the court this time. He's one cool daddy-o!

[Rowdyboy]

3. But he's gone soon, (a year or two) isn't he?

With Diaz and Pittman in trouble, I have no idea what's going on. I still think that most of it is a Republican set-up to scare trial lawyers into withholding their political contributions. Thats too complicated for most voters but I really think thats their intention-to scare us into submission....

[alaine]

4. Wonder why she is not suing for medical malpractice...

The underlying question to me seems to be, are women the ultimate authorities when it comes to the use of our bodies, as in if we want the child it is murder, if we don't want it then it is abortion? The answer to me seem to be yes, and I am basing my decision on the apparent will of the universe by putting the womb in the female body. It's not a decision for men to make and as long as we are in a society where one gender's culture rules dominate another we are going to have to keep going through this shit over and over.

The whole root of the abortion controversy is the Judeo-Christian construction of a exclusively male godhead and therefore most of this society can't fathom women having been given this kind of de facto authority over anything, much less over the most important activity on earth, child-bearing.

[Wapsie B]

18. If women don't have that authority

over their own bodies, let's start giving men reproductive organs. Let's perfect a complete sex change so that men can bear kids.

[alaine]

19. This to me is why cloning is such absolute rubbish.

It still requires gestation in a female body. Without her, there is no clone. I am embarrassed to admit that when cloning actually began being feasible I really believed that scientists had created an artificial womb for the organism to gestate in, because otherwise how could they take credit for the growth and survival of the being when all they did was transfer DNA. Silly, female me. Stupid question, since that is all they contribute to the fetus, so of course is is a natural leap to go "look at my clone" as in look at my child. (??) The potential for the exploitation of women is great here if we are not wary.

But my point in posting this is that I am sick of the fetus argument. It seems to me to be mental gymnastics, although it works as a belief system for some women and that is fine for them, but it doesn't work for me, I want acknowledgement of an absolute God-given authority over my own God-given womb as to whether or not I will bear this or any child, and anything less than that for me is not good enough. I'm not interested in debating about viability or trimesters or fetus/child terminology or any of that.

[ErasureAcer]

5. right...and my sperm are "potential people"

so I shouldn't be allowed to masturbate...

get real...

[Old and In the Way]

6. If you masturbate, you will be charged with crimes against

humanity in Mississippi, apparently.

Really, don't these idiots understand the Law of Unintended Consequences?

Are we prepared to have sex police in the bedroom to make sure that the rights of the newly conceived are guarded? Where will the logic of these type of decisions take us....and are we prepared for the results?

[zanana]

8. Fundies will "adopt" your sperm!

Maybe you could sell it! Here's a marketing tip; name the million or so sperm before you sell them. It'll make each sperm seem like a "person"!

[Tikki]

7. I've wondered about this?

...A fetus as a person....will States that define a 'fetus as a person' then allow the parents who experience a miscarriage to claim the fetus as a dependent and a deduction from their state income taxes for that year or portion of that year they were pregnant? And, also, if this were to become Federal law...from Federal taxes?

[ithacan]

9. state imposing religious beliefs...

this is part of the move by right wingers to impose theocracy on this country.

They are imposing what is clearly and purely a religious belief as if it is a universally accepted fact.

Theocracy Watch...

[soupkitchen]

10. Does every miscarriage have to be investigated by the police now?

It seems to me that the logic of this decision demands that every miscarriage must be investigated by the authorities now. All miscarried fetuses must be autopsied. If only to make sure the mother didn't endanger the welfare of her child.
So women of Mississippi, if you smoke and miscarry, or drink and miscarry, or over exert yourself and miscarry be prepared to do jail time. According to the Mississippi Supreme Court, you're no longer unfortunate women who miscarried, you're potentially guilty of child abuse or negligent homicide.

[Old and In the Way]

11. Maybe women will be required to have a daily pregnancy test.?

SO, if pregnant, the State can begin monitoring the rights of the new "person".

[LizW]

12. Hm, and what about work-related situations?

Employers will now have to be veeeerrrrrrrryy careful about the working conditions of their pregnant employees and the effects on the "person" inside them. The unborn "person" is not an employee, so worker's comp won't apply to them. The employer can be sued for wrongful death of a "person" they didn't know was on their premises, or one they didn't even know existed.

This will be particularly interesting if this woman is successful in alleging that stress and mental anguish caused her to miscarry.

This will affect a lot of women and a lot of employers. One in ten pregnancies spontaneously aborts between 6 and 12 weeks.

[sham]

13. this is setting up so that abortion doctors can be sued

I can see it now... Young girl has an abortion. Fetus's father or grandparents or other related party finds out and sues the doctor and the mother for wrongful death of their grandchild/child/whatever.

That is some scary shit. :scared:

[bearded_cat]

14. Soon, neutering and spaying your pet will be made illegal?

After all, it could be considered cruelty to potential fetus animals. I know this is over the top, but there is no end to it once the ball starts rolling. You have to give these creeps this much - they spent 20 years or so with a singleminded purpose and put all their people in the right places for an assault on every liberty given to the people of this country.

[Tikki]

15. Legal burials.....

Will the 'fetus as a person' who dies as a result of a miscarriage then be required to be legally buried or cremated? Many miscarriages happen at
home. Will the family be required to bring their 'fetus as a person' to the Coroner's office for an autopsy? Will there be a death certificate issued?
How will this change the perception about women who have many miscarriages while trying to have baby? What about the women who have the 'invitro fertilization' procedure and may lose multiple fetuses? I am sure you can get insurance on anything if you pay enough for it...but, if the fetus is defined as a person...Will parents be then able to take an insurance policy out on their unborn and collect if the 'fetus' miscarries?

There are so many questions that need to be addressed if this new definition becomes a reality?

[Old and In the Way]

16. Will miscarriages be reclassified as "accidental homicide"?

Or will it be wrongful death or will it be murder?

Sounds like we will need to build a lot more courthouses, jails, and graduate more lawyers for this growth industry....

[sham]

17. crikey! did anyone else catch this in the article?

"Tucker sued a credit union, an auto repossession company, a Cleveland doctor and a hospital after she suffered a miscarriage in 1997. She alleged in her lawsuit that the emotional stress of fighting her car's repossession and a misdiagnosis led to the miscarriage."

Something in that story stinks to me. Is anyone else smelling it?

[Maddy McCall]

20. Oh yeah, I caught it. That should have been in the first paragraph of the

article. Our ACLU isn't as strong as it used to be since Gail Chadwick left. I am hoping that the new director sees the importance in appealing this decision.

The anti-choicers here are rejoicing, by the way. If you want to keep up with this, check back to the www.clarionledger.com website occasionally, and look at the letters to the editor. Chuck McRae will be ripped to shreds by the VERY powerful Mississippi Right to Life group.