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:
“Husbands and wives generally understand when opposition will be vain.”
—Jane Austen (1775–1817)
“Women will not advance except by joining together in cooperative action.... Unlike other groups, women do not need to set affiliation and strength in opposition one against the other. We can readily integrate the two, search for more and better ways to use affiliation to enhance strength—and strength to enhance affiliation.”
—Jean Baker Miller (20th century)
“Through all opposition the personal benefits of the reform [dress] [bracketed word in original] have compensated; but had it been mainly sacrifice, the thought of working for the amelioration of women and the elevation of humanity would still have been the beacon-star guiding me on amid all discouragements.”
—Susan Pecker Fowler (1823–1911)