June 08, 2005

Abortions Successfully Prosecuted As Murder (tip to QandO)

All right, this story from Texas makes no sense. A 17 year old regretted not getting an abortion and started jogging and hitting herself to induce an abortion. When it didn't work, she asked her boyfriend to help her miscarry. They both started beating her up and when he stepped on her stomach both her fetuses miscarried. The boyfriend was successfully prosecuted for two counts of murder and sentenced to life since the prosecution did not ask for the death penalty.

Why is it that a boyfriend stomping on four month old fetuses is murder but a doctor dismembering an eight month old fetus isn't? Doesn't make a whole lot of sense. The reason it doesn't make sense is that Roe v. Wade and ensuing caselaw look at the desired result (that almost all abortion should be legal) and then justifies it post-hoc. A logical view of abortion would identify a moral principle, square it with biological truths and then formulate the abortion policy as a consequence of both.

I won't complain too much, though, since it is murder. I'm just confused by how it can be squared with what the Supreme Court says.

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