Friday, August 22, 2003

IT'S A START

Wonderful news out of Mississippi. The State Supreme Court has decided that the "person" in a wrongful person includes unborn children.

"The 6-2 ruling expands the definition of a "person" in wrongful death statutes to include an "unborn child." Current law allows people to sue for the wrongful death of a newly born or prematurely born fetus that would have been expected to live.

What Thursday's decision does, Smith said, is extend the right to file a lawsuit under the wrongful death statute to cover non-viable fetuses.

The justice explained that courts have applied the term "viable" to a newborn infant, including one prematurely born that is developed sufficiently to continue living.

Smith noted there is some difficulty in determining the viability and non-viability of a fetus. He said such issues must be settled by a jury.

Smith also cautioned that a jury must still determine if a cause of action dates from the death of the child and whether the fetus was "quick" in the mother's womb. A "quick" fetus is defined as one "that has developed so that it moves within the mother's womb."
"

Nobody seems to be talking about this decision. I checked the NARAL site and not a word was mentioned. Look, this is a step towards ending the national shame called abortion and I for one am rejoicing over the decision.




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