Historians R Us

This blog is the property of the AP US History class at Pope John XXIII High School in Everett, MA, USA. Here students explore current events in America, while seeking to understand the historical roots of those events. At the same time, students are able to carry on classroom discussions in the cyber world.

Saturday, November 24, 2007

Court Splits Abortion and Fetus Murder

On Nov 22 Austin Texas

Laws in Texas allow the killing of a fetus to be prosecuted as murder, but the laws do not apply to abortion. The Court of Criminal Appeals rejected an appeal by Terence Lawrence, who said that his right to due process was violated when he was prosecuted for two murders in the killings of a woman and her 4- to 6-week-old fetus.
The court ruled that state laws declaring a fetus as an individual with protections does not conflict with the United States Supreme Court’s ruling in Roe vs. Wade that women have a constitutional right to abortion. The court said, “The Supreme Court has emphasized that states may protect human life not only once the fetus has reached viability but ‘from the outset of the pregnancy'”. Mr. Lawrence was convicted of capital murder, and he was given life in prison in 2004 for the shooting of his girlfriend and the couple’s unborn child. His appeal argued that he should not have been prosecuted for the death of the fetus, but the Texas court said abortion was based on the premise that a woman wants the procedure to be done.





In 1973 Roe v. Wade was a United States Supreme Court case that resulted in a decision that abortion was not illegal. Most laws against abortion in the United States violated a constitutional right to privacy under the Fourteenth Amendment. This is one of the most controversial and politically significant cases in U.S. Supreme Court history up to date. The decision is that abortion are permissible for any reason a woman chooses only up until the point at which the fetus becomes ‘viable’. (I'm against abortion by the way.)

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