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kagmi
Lv 7
kagmi fragte in Politics & GovernmentLaw & Ethics · vor 1 Jahrzehnt

What is the legal status of a fetus/baby born alive in the U.S.?

The main thing I'm wondering about here is the "Born Alive Act," an act which Obama has often been criticized for rejecting. What concerns me is that the critics often claim that by rejecting this bill Obama has denied unwanted fetuses/babies their only legal protection--but as far as I've been able to find, late-term fetuses and babies are -already- protected under U.S. law.

I know that the U.S. Supreme Court has long since declared abortion after the 24th week to be unconstitutional except in the case of a medical emergency. I also know that an abortionist is currently being charged with murder for killing fetuses/babies delivered alive in his clinic. But I haven't been able to find out for sure if he's being charged under federal or state law.

So my question is, if these laws are already in place, what exactly was the "Born Alive Act" supposed to do that was new? I'm not real familiar with the contents of the bill except for the repeated claim that it was supposed to offer the only legal protection for unwanted babies, which confuses me since near as I can tell such protections were already in place.

Thanks for any info on the matter!

Update:

So...am I to take this to mean that these protections are new, or not? That was my question. Did the Born Alive Act extend these rights to fetuses younger than 24 weeks, or were some cases not covered by the Supreme Court decision for some reason, or...?

Update 2:

Thanks for that info, Quizzard--I had read from a seemingly reliable source that abortions were unconstitutional after the 24th week, but apparently either that source or my understanding of what it was saying were mistaken. Good to know.

3 Antworten

Relevanz
  • The Arbiter of common sense
    Lv 7
    vor 1 Jahrzehnt
    Beste Antwort

    Just so you know, the Supreme Court has never ruled that late abortion is unconstitutional. What they DID rule was that laws banning abortion ARE legal if they only apply after the 24th week. Actions by citizens cannot violate the Constitution, only laws can do that. The Constitution is not directly binding on the public.

  • Xavier's Mommy ツ
    Lv 6
    vor 1 Jahrzehnt

    It extends legal protection to an infant born alive after a failed attempt at induced abortion.

    -Gives rights as a human to any child born with in the United States.

    -"Born Alive" is defined as the complete expulsion of an infant at any stage of development that has a heartbeat, pulsation of the umbilical cord, breath, or voluntary muscle movement, no matter if the umbilical cord has been cut or if the expulsion of the infant was natural, induced labor, cesarean section, or induced abortion.

    Quelle(n): wikipedia.com
  • Anonym
    vor 1 Jahrzehnt

    under both, now will the prosecutors do the right thing and arrest those whores that murdered them. they are just as guilty. i used whores because a mother would never do that!

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