Weblog: Congress's Charitable Choice Expansion Is Dead
Court says protecting unborn child justifies using lethal force
Ted Olsen | posted 10/01/2002 12:00AM

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On October 4, the Michigan Court of Appeals reversed the decision. "We conclude that in this state, the defense should also extend to the protection of a fetus, viable or nonviable, from an assault against the mother," the court ruled in a 3-0 decision.
The New York Times notes that the ruling, which deliberately doesn't get into when a fetus becomes a person, will be a touchpoint in national debates. "About half the states have laws making assaults that cause miscarriages or stillbirths criminal," the paper says. "In debates in Congress last year about a possible federal version of the law, opponents understood the central issue to be [the outlawing of] abortion and not [reducing] crime."
Still, even prochoice activists say the Michigan Court of Appeals' decision was right. After all, it defends the right of the mother to choose whether to keep her pregnancy. "When a woman is carrying a wanted pregnancy and she has made that decision, which is constitutionally protected, she has the right to protect the embryo or fetus," says Center for Reproductive Law and Policy lawyer Linda Rosenthal.
But prolife activists may still have reason to seize on the decision. "The opinion certainly does recognize the sense that the fetus was another separate from the mother," says Kurr's lawyer, Gail Rodwan.
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