The Alabama Supreme Court has placed a shot across the bow of Roe v. Wade's crumbling rampart, calling on states to abandon the concept of fetal “viability” introduced in that ruling and to recognize the right to life of the unborn.
While the ruling in the wrongful death case (Hamilton v. Scott ) will have little immediate impact on the infamous U.S. Supreme Court decision, which effectively legalized the killing of pre-born babies who are not viable outside the womb, the court did challenge the arbitrary way in which the viability of a “fetus” is determined, arguing that the Roe viability standard should be abandoned in lieu of its ultimate rejection by the U.S. Supreme Court.
LifeNews.com reported that in Hamilton v. Scott, “Amy Hamilton filed suit against several doctors and a medical group for the wrongful death of her unborn child, claiming that the lack of proper medical intervention resulted in the child’s death, which all the experts agreed was at the pre-viable stage of pregnancy and could not have survived if born at that stage of pregnancy.” The state high court ruled that the woman does have a right to pursue a legal claim on behalf of her child.
In a special concurring opinion, Justice Tom Parker wrote that the concept of viability, which is at the foundation of the Roe verdict, is arbitrary and changes with medical technology.
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Photo: The Alabama Judicial Building, Montgomery