Forum/Statement 9 + Footnotes
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Statement of Facts #5 from:
Reversing_Landmark_Abomination_Cases
Saving Babies from judges & voters
Saving Souls from ‘Scrupulous Neutrality’ about Religion
by proving in courts of law and in the Court of Public Opinion that:
The right to live of a baby and of a judge are equal The Bible & reality-challenged religions are NOT equal
A strategy of Life that relies on the Author of Life
for pro-life, pro-Bible Lawmakers, Leaders, Lawyers, and Laymen
by Dave Leach R-IA Bible Lover-musician-grandpa (talk) 18:11, 15 November 2023 (UTC)
Try to imagine how a judge, reviewing a prolife law with these Findings of Facts, would be able to dodge this evidence - in fact, see if you can find ANYONE who can refute these facts - as opposed to not caring about facts - that is, not caring about reality:
Statement of Fact #9 of 12:
When pregnancies develop into medical emergencies requiring separation of mother and child to save the mother, the child has an equally fundamental right to life and medical care. [1]
A legislature’s balancing of their interests cannot, therefore, be reviewed by “strict scrutiny”. [2] Nor does alleged insufficiency of a “medical emergency” exception from a general abortion ban justify a court overturning the ban in the 99% of cases where no emergency is alleged. [3] Legislatures are better equipped to deliberate about and secure the rights of all citizens than courts whose focus is the parties before them. [4]
SCOTUS never denied that a legislature’s “personhood” statements in an abortion ban are strong evidence. [5] That evidence is not mitigated by a ban’s exceptions. [6] It is not made irrelevant because baby killers “rely” on killing babies. [7]
The footnotes below are enriched by selections from the Amicus Brief filed in Dobbs v. Jackson by: Foundation for Moral Law <> Pennsylvania Pro-Life Federation <> 396 State Legislators from 41 States.
INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Courtrecognized, court-tested Finders of Facts unanimously establish that unborn babies are fully human
Statement_2_+_Footnotes Courts Accept the Fact-Finding Authority of Legislatures, Juries, Experts for the same good reasons their findings persuade the public.
Statement_3_+_Footnotes The FACT that Babies are Fully Human was never denied or ruled irrelevant by SCOTUS.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures should regulate abortion, as Dobbs held, just as legislatures regulate the prosecution of all other murders.
Statement_6_+_Footnotes The full humanity of a tiny physical body is hard for many to grasp. But what distinguishes us from animals isn’t physical, and has no known pre-conscious stage.
Statement_7_+_Footnotes Congress has Already Enacted a Personhood Law as Strong as a “Life Amendment”. The 14th Amendment already authorizes Congress to require all states to outlaw abortion.
Statement_8_+_Footnotes Roe, Dobbs, and the 14th Amendment agree: All Humans are “Persons”.
Statement_9_+_Footnotes When pregnancies develop into medical emergencies requiring separation of mother and child to save the mother, the child has an equal fundamental right to life and medical care.
Statement_10_+_Footnotes Tyranny over any class of humans by any other is prohibited by the Constitution, by the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives legislatures no authority to legalize violations of Constitutional Rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.
FOOTNOTES
- ↑ More about “...the child has an equally fundamental right to life and medical care [as the child’s mother].
This footnote assumes that the prolife law incorporating this Finding of Fact contains a “life of the mother” exception whose applicability is clear enough that mothers are not denied life-saving care until doctors are assured by lawyers that said care will not put the doctors in jail, which has been a legal argument for blocking any abortion restriction raised in Iowa, North Dakota, and Idaho, that I know about, and probably several other places. (www.savetheworld.saltshaker. us/wiki/ND_Court_Gives_Moms_Fundamental_Right_to_Save_Themselves_from_their_Babies)
Here is an example of a clear exception:“The duty of a doctor is to save the life and health of both mother and child if possible. Separation of mother and child is justified when that will reduce danger to the mother. That will still give the child a chance to live who is old enough. A child not old enough will be at little greater risk of death outside the mother, while receiving responsible medical care, than inside a mother at risk of dying. A child separated to reduce danger to the child’s mother has a fundamental right to the same care as any other prematurely delivered baby.”
Not that confusion among doctors about how to save both mother and baby, without clear legal language, is significant, argues the Amicus Brief of the Pennsylvania Pro-Life Federation filed in Dobbs v. Jackson:
In modern obstetrical practice, the physician treats two patients—the mother and her unborn baby—and strives to maximize and protect the health and well-being of both. Good medical practice requires this. It is rare that the interests of one of these patients, from a medical standpoint, conflicts with the other. Even in those instances where the mother’s condition may place her physical health at greater risk, the pregnancy can generally be managed satisfactorily with a successful outcome for both the mother and baby. In those very rare circumstances when this cannot be done, laws like Mississippi’s allow pregnancy terminations to take place in order to protect the mother.
….1. Basic medical texts, for decades, have made it clear that there are two patients that must be cared for in modern obstetrical practice. For example, in explaining the need for significant revisions to the 1980 edition of Williams Obstetrics, the authors stated: “Happily, we have entered an era in which the fetus can be rightfully considered and treated as our second patient. . . Fetal diagnosis and therapy have now emerged as legitimate tools the obstetrician must possess. Moreover, the number of tools the obstetrician can employ to address the needs of the fetus increases each year.” Jack A. Pritchard & Paul C. MacDonald, Williams Obstetrics, vii (16th Ed. 1980) (emphasis supplied).
A later edition made it even more obvious that obstetricians must be cognizant of the unborn baby as a separate entity when managing a pregnancy. It stated: Obstetrics is an unusual specialty of medicine. Practitioners of this art and science must be concerned simultaneously with the lives and well-being of two persons; indeed, the lives of two who are interwoven. F. Gary Cunningham, et al., Williams Obstetrics, vii (18th ed. 1989). In a chapter entitled “Techniques to Evaluate Fetal Health,” it was stated:
“Until relatively recently, the intrauterine sanctuary of the fetus was held to be inviolate. The mother was the patient to be cared for; the fetus was but another albeit transient, maternal organ. . . Indeed, the fetus is no longer regarded as a maternal appendage. . . . Instead, the fetus has achieved the status of the second patient, a patient who usually faces much greater risks of serious morbidity and mortality than does the mother.”The many advances in diagnosis and treatment that now clearly establish the fetus as a patient have also contributed remarkably to legal considerations involving the fetus. Fetal legal rights are emerging; for example, in some courts, the fetus has been allowed to file suit. Id at 277.
Obstetric ultrasound technology was in its infancy at the time of Roe, and was not widely used in the United States until well into the 1970’s. Malcolm Nicolson & John E.E. Fleming, Imaging and Imagining the Fetus 233 (2013). It has since given rise to whole new fields of medicine and top pediatric hospitals across the country regularly perform surgery on this second patient.2
Abortion proponents disregard these basic facts when they ignore the existence of the second patient within the womb and suggest that unborn children are just appendages of the mother to be discarded upon her request. In so doing, they suggest a return to an outmoded and discredited approach to pregnancy and obstetrical practice.
2. It is rare that the interests of one of these patients, from a medical standpoint, conflicts with the other. And, on those rare occasions when it does, the pregnancy can generally be successfully managed. So, medically speaking, abortion is almost never needed to manage a pregnancy. Honest abortion proponents long ago admitted to the overall safety of pregnancy and the lack of a need for abortion for medical reasons. - ↑
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