JUSTICE SOTOMAYOR: Evidence of fetal pain is not proof of life

Bacteria are alive. They feel pain. Stop killing bacteria.

https://www.acog.org/advocacy/facts-are-important/fetal-pain

A human fetus does not have the capacity to experience pain until after viability. Rigorous scientific studies have found that the connections necessary to transmit signals from peripheral sensory nerves to the brain, as well as the brain structures necessary to process those signals, do not develop until at least 24 weeks of gestation.i Because it lacks these connections and structures, the fetus does not even have the physiological capacity to perceive pain until at least 24 weeks of gestation.

Additional:
https://jamanetwork.com/journals/jama/fullarticle/201429
https://www.researchgate.net/public...an_Ethical_Consensus_for_Appropriate_Behavior
 
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It's really not.

Precedent is being challenged. Not to mention judicial review and adherence to it.


Stare decisis is also being challenged, I agree, but the argument of viability of a fetus is in my opinion up front and personal.

Judicial review for fear of the political retribution than on principle is also being challenged.
 


A quote from an original Supreme court justice:


James Wilson, founding father, signatory of the Declaration of Independence and an original Supreme Court justice wrote;

“With consistency, beautiful and undeviating, human life, from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb. By the law, life is protected not only from immediate destruction, but from every degree of actual violence, and, in some cases, from every degree of danger”
 
Pain or no pain, this isn't a federal matter. It belongs to the state, always did.
 
Stare decisis is also being challenged, I agree, but the argument of viability of a fetus is in my opinion up front and personal.

Judicial review for fear of the political retribution than on principle is also being challenged.

This case and every other case regarding abortion is absolute bullshit.

Bottom line is, evangelicals won't stop until abortion is completely outlawed while opposing sides.want viability to continue to be adhered to.via precedent. This won't ever be the end of the discussion/court arguments.
 
Justice Thomas mentions that 23 states and D.C. consider substance abuse during pregnancy to be child neglect.

Pro-choice lawyer Rikelman responds by saying that the detail is irrelevant to the case.

Cig packages say DONT SMOKE if you are preggy


WHY?
 
Stare decisis is also being challenged, I agree, but the argument of viability of a fetus is in my opinion up front and personal.

Judicial review for fear of the political retribution than on principle is also being challenged.

When we want to put too much emphasis on "stare decisis" all we have to think about is Dred Scott v. Sanford, Plessy v. Ferguson, Pace v. Alabama, Korematsu v. United States, Bowers v. Hardwick, would all be the legal standard today. As Randy Barnett, professor at Georgetown University Law Center, once put it, "If precedent trumps original meaning, then the Constitution would truly be what the Supreme Court says it is, rather than the Supreme Court itself being bound to adhere to the Constitution."
 
By 15 weeks of pregnancy, every major organ has grown and most are functional.
The heart pumps 26 quarts of blood per day.

Intestines have started the lifelong contractions that propel food through the digestive system.

The kidneys already filter toxins.

The unborn baby prefers sucking his right or left thumb.

By studying ultrasounds, scientists have determined that 85% of unborn babies prefer moving their right hand over their left hand. About 85% of adults prefer their right hand, too.

If a twin, the unborn baby moves more gently when reaching toward her twin’s face.

The baby responds to taste.

Flavors from the mother’s food seep into the amniotic fluid, peaking after about 45 minutes.

If the amniotic fluid tastes sweet because of an injection of saccharin, the baby swallows more fluid. If the amniotic fluid tastes bitter, the baby swallows less.

The baby’s heart has already beat approximately 15,800,000 times.

A baby’s heart starts beating about 22 days after fertilization.

In total, a baby’s heart beats about 54 million times between conception and birth.

The baby’s body responds to both touch and pain.

The baby responds to light touches over most of the body.

If something touches the palm of the baby’s hand, the baby will bend his or her fingers as if to grasp the object.

Neurotransmitters specific to pain processing appear between 10 and 14 weeks’ gestation. The spinal nerves needed to transmit pain to the thalamus have formed by 15 weeks’ gestation.

And here’s fact number 13: In the decades since Roe v. Wade was decided in 1973, an estimated 62 million unborn Americans — most of them being Black or Hispanic — have been slaughtered in their mothers’ wombs.
https://www.hillfaith.org/hillfaith...t-a-15-week-old-unborn-baby-you-may-not-know/
 
Justice Thomas mentions that 23 states and D.C. consider substance abuse during pregnancy to be child neglect.

Pro-choice lawyer Rikelman responds by saying that the detail is irrelevant to the case.

Cig packages say DONT SMOKE if you are preggy


WHY?

Because children born to smokers have defects.
 
A quote from an original Supreme court justice:


James Wilson, founding father, signatory of the Declaration of Independence and an original Supreme Court justice wrote;

“With consistency, beautiful and undeviating, human life, from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb. By the law, life is protected not only from immediate destruction, but from every degree of actual violence, and, in some cases, from every degree of danger”

What part of precedent did he set on abortion?
 
Pain or no pain, this isn't a federal matter. It belongs to the state, always did.


Have to get through Dobb's vs Jackson Women's Health organization first. If the courts can rise above Stare decisis and not cave to political pressure: rule based on constitutional principle.
 
Since the first Supreme Court had no common law to draw upon, he couldn't have been talking about American jurisprudence.
 
so then unborn are CHILDREN and then abortion is MURDER

Quite a disconnect from logic there.

But whatever works for ya. When your only real argument is that all abortion should be outlawed, any argument you make is truly bullshit besides that
 
Quite a disconnect from logic there.

But whatever works for ya. When your only real argument is that all abortion should be outlawed, any argument you make is truly bullshit besides that

there is non
 
Since the first Supreme Court had no common law to draw upon, he couldn't have been talking about American jurisprudence.

He was referring to British common law and his belief in the sanctity of life, he wasn’t ruling on a decision but addressing his law students. Just commenting that the viability of a fetus is an age old argument that dates back to the creation of our constitution and the Declaration of Independence.
 
When we want to put too much emphasis on "stare decisis" all we have to think about is Dred Scott v. Sanford, Plessy v. Ferguson, Pace v. Alabama, Korematsu v. United States, Bowers v. Hardwick, would all be the legal standard today. As Randy Barnett, professor at Georgetown University Law Center, once put it, "If precedent trumps original meaning, then the Constitution would truly be what the Supreme Court says it is, rather than the Supreme Court itself being bound to adhere to the Constitution."

Every one of those cases you mentioned the precedent was overturned because overturning it granted more rights to more people. One of the principle doctrine of constitutional interpretation is that we interpret laws in the way that gives the most rights to the most people. In this case, we would be restricting rights.
 
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