Suing The Non-Sentient

If a fetus is an “unborn child” that can participate in legal activities, then is it not also … vulnerable to same? From WAAY31, an Alabama ABC affiliate:

The Madison County probate court recognized an aborted fetus as a person with legal rights. According to a local attorney, that’s never happened anywhere in the United States.

The decision allows Baby Roe’s would-be-father and Baby Roe to sue the abortion clinic and others involved in terminating the pregnancy. (Read more here)

“We have already had a victory, and it was the first one of its kind, ever,” Attorney Brent Helms said.

The Madison County probate judge granted Helm’s client Ryan Magers’ request to represent Baby Roe’s estate.

“This is the first estate that I’m aware of that has ever been opened for an aborted baby,” Helms said.

Now that Baby Roe is recognized as a person in Madison County, Magers now legally represents Baby Roe.

“It can further pursue not only me, but other fathers, other future fathers, can pursue it as well,” Magers said.

Magers and Baby Roe are both suing the Alabama Women’s Center and others involved in terminating the pregnancy.

“The only thing that estate has is the right to sue, and so that is what Ryan is doing, is suing on behalf of Baby Roe’s estate,” Helms said.

If a fetus is some sort of legal person at conception, then it must necessarily be susceptible to legal actions holding it responsible for its activities, as are most citizens. The one that leaps right to mind is the fetus, excuse me, baby that kills its mother in child birth. Manslaughter, obviously. (Questions of punishment leave me dizzy with wonder.)

If we’re going to walk the path of surrealism, we must look to the hedges on both sides of the path, no?

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About Hue White

Former BBS operator; software engineer; cat lackey.

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