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What are the consequences if this bill becomes law? (Fetal injury)

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BurtWorm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:12 PM
Original message
What are the consequences if this bill becomes law? (Fetal injury)
http://www.nytimes.com/2004/03/26/politics/26VICT.html?hp


Senate Outlaws Injury to Fetus During a Crime
By CARL HULSE

Published: March 26, 2004


WASHINGTON, March 25 — The Senate approved legislation on Thursday making it a separate offense to harm the fetus in a federal crime committed against a pregnant woman, sending the measure to President Bush for his signature.

Opponents denounced the bill, adopted on a vote of 61 to 38, as an effort to undermine the constitutional right to abortion by recognizing the fetus as a person.

The House passed the measure on Feb. 26, 254 to 163....


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ewagner Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:18 PM
Response to Original message
1. My fear is
that it will set the standard of "where life begins". And therefore define life begining at conception, therefore all abortion = murder.

I think that's twhat the RTL people have been trying to do for some time now.
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Narf Donating Member (302 posts) Send PM | Profile | Ignore Fri Mar-26-04 03:19 PM
Response to Reply #1
2. Sounds to me like you hit the nail on the head.
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Caution Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:19 PM
Response to Reply #1
3. Exactly
This is of course the goal behind this bill.
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Az Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:19 PM
Response to Original message
4. It will have no impact
The religious right will not use it to leverage their position onto Roe V Wade. They have no intention of misleading the public in that way. They are completely honest and respectable.



yeah right
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BurtWorm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:26 PM
Response to Reply #4
6. Lindsey Graham says...
"It's not about abortion," said Senator Lindsey Graham, Republican of South Carolina and an advocate for the bill in his previous years in the House. "It is about criminals who attack pregnant women."

;)
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BurtWorm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:25 PM
Response to Original message
5. Kerry voted against it!
Edited on Fri Mar-26-04 03:29 PM by BurtWorm
:thumbsup:

Senator John Kerry of Massachusetts, the presumptive Democratic presidential nominee, voted against the measure and was criticized by family members of crime victims on hand for the debate.


But a lot of Democrats must have voted for it. It got 61 votes. Which Democrats, besides the obvious suspect, voted for it?

:thumbsdown:
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blackcat77 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:56 PM
Response to Original message
7. That other case...
...about the lady who refused the c-sec worries me as well. It means that women are slaves to the fetuses they carry and the govt can dictate their actions under penalty of law.
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kiahzero Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:57 PM
Response to Reply #7
8. Yet you'll find knuckledraggers everywhere that support that state action
It's surprising just how many people believe that women are incubators.
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orwell Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 03:57 PM
Response to Original message
9. Missing
There is a conundrum here.

How can the fetus be a considered a separate entity in the case of physical harm to the mother and fetus as it is in this bill and yet the doctor who performs an abortion would not be charged with murder. Doesn't this seem like two different legal standards?

I don't understand how this bill can be legal in the face of Roe v Wade. Maybe I am missing something.

O
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BurtWorm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 04:01 PM
Response to Reply #9
10. They don't care if it's constitutional or not.
If Bush signs it, it's legal. They're dying to get a test case. I'll bet a nice one involving terrorism would be made to order.
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Malva Zebrina Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 04:01 PM
Response to Original message
11. Anything can now be held against a woman who is pregnant
forget to take vitamin pill? have a miscarriage? prosecute. missed doctor appointment--have a miscarriage? Prosecute

Went horseback riding--have a miscarriage? prosecute

virtually anything can be used and held against her as proof that she killed another human being--ie the embryo or the fetus.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 04:06 PM
Response to Original message
12. The eventual appeal the Supremes should be interesting. Suppose
you're convicted of a federal crime (felony), e.g., robbery, burglary, larceny, kidnapping, homicide of a pregnant woman. You will be punished for an extra victim because your primary victim was not male or a woman who wasn't pregnant. If the host dies, there's a probability that the fetus will consequently succumb in utero.

The Supremes would have to decide whether or not life commences at conception. This law would not have limitations toward zygotes (a few divided cells), an embryo, and a fetus.

And if they decided that life at any stage was protected under federal law, what about intent vs. negligence?

Would the Supremes distinguish between an involuntary death and deem it an additional homicide and a situation wherein the defendant intentionally and specifically caused the death of the fetus?

I feel apprehensive about this bill because if it is upheld on appeal, the premises and principles can and will be applied to future abortion rights cases.
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BurtWorm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 04:26 PM
Response to Original message
13. Here are the 61 yea votes--including 12 Dems (Landrieu, Daschle, et al.)
Edited on Fri Mar-26-04 04:26 PM by BurtWorm
Grouped By Vote Position YEAs ---61
Alexander (R-TN)
Allard (R-CO)
Allen (R-VA)
Bennett (R-UT)
Bingaman (D-NM)
Bond (R-MO)
Breaux (D-LA)*
Brownback (R-KS)
Bunning (R-KY)
Burns (R-MT)
Campbell (R-CO)
Carper (D-DE)*
Chambliss (R-GA)
Cochran (R-MS)
Coleman (R-MN)
Collins (R-ME)
Conrad (D-ND)*
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
Daschle (D-SD)*
Dayton (D-MN)*
DeWine (R-OH)
Dole (R-NC)
Domenici (R-NM)
Dorgan (D-ND)*
Ensign (R-NV)
Enzi (R-WY)
Fitzgerald (R-IL)
Frist (R-TN)
Graham (R-SC)
Grassley (R-IA)
Hagel (R-NE)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Kyl (R-AZ)
Landrieu (D-LA)*
Lott (R-MS)
Lugar (R-IN)
McCain (R-AZ)
McConnell (R-KY)
Miller (D-GA)*
Murkowski (R-AK)
Nelson (D-NE)*
Nickles (R-OK)
Pryor (D-AR)*
Reid (D-NV)*
Roberts (R-KS)
Rockefeller (D-WV)*
Santorum (R-PA)
Sessions (R-AL)
Shelby (R-AL)
Smith (R-OR)
Specter (R-PA)
Stevens (R-AK)
Sununu (R-NH)
Talent (R-MO)
Thomas (R-WY)
Voinovich (R-OH)
Warner (R-VA)

* Democrat

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BurtWorm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-26-04 04:43 PM
Response to Reply #13
14. PS: How many know this bill is called Laci and Connor's Law?
:puke:
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