It is the author’s opinion that when the SCOTUS examines the right of state government to protect human life at 15 weeks of human development in the case of Dobbs v. The viability standard fails to recognize the unique life of the unborn is endowed with an unalienable right, to Life, Liberty, and the Pursuit of Happiness, and that these rights, according to the Declaration of Independence deserve governmental protection. This is not tissue, or potential life that is preserved, but unique human life at an early stage of development. Today we know that doctors freeze viable embryos, not dead embryos before 1 week of prenatal development and that they may be preserved for decades. I n vitro fertilization produces viable children under the Roe viability standard in the first week of life. In fact, viability can be at days less than one week of development. Recently a baby born at 21 weeks of development celebrated his first birthday. Today viability is a month or two earlier than the time of Roe.
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States were deemed not to have a compelling interest in protecting “potential life” until viability. At the time the Court placed viability at 24-28 weeks of human development. Roe formulated a viability test, stating to be viable meant potentially able to live outside the mother’s womb, albeit with artificial aid.
LIFE LIBERTY PURSUIT OF HAPPINESS FULL
Roe failed to protect new life, and instead characterized the unborn as potential life, rather than life with full potential that loses all potential on death. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man’s knowledge, is not in a position to speculate as to the answer. Wade denied it knew when new life was created stating: We need not resolve the difficult question of when life begins.
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The Dependent/Viability Standard Is Contrary to the Recognition of Unalienable Rights In the Executive Branch there are Executive Orders that should serve to treat the governed as people endowed with unalienable rights. Before Congress there is a process to debate to implement just laws that should serve Government’s purpose to protect unalienable rights. Lady Justice is sculptured as blind to health, wealth, age, race, status, size of the litigants before her. Thus, before a court of law in this country there is no preferred treatment based the family one is born into. Each branch of Government according to the framework for the Constitution, The Declaration of Independence, is to recognize that all are created equal. Unalienable rights are endowed, self-evident and not to be taken by Government, but secured by Government.įederal Government has three branches, the Executive, Legislative and Judicial branches. In fact, humans continue to grow according to their DNA even if not placed in the biological mother’s womb or if it takes 27 years to be transferred to a womb after creation.īeing endowed by our Creator with unalienable Rights, means the rights come from the Creator and not from Government.
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We each have an independent identity that develops according to our DNA. It is the fact that we are created uniquely unlike any other human beings that existed before us. There can be no uncreation of life, life can only end in death. Courts do not create genetic parentage, or offspring, people do. Even as the sun starts the day, fertilization starts a developing life which ends at death. Today there is no mystery regarding when human life begins. Unlike England, where if one was born with a Divine Right, one may be King, in the United States the source of rights was credited to man’s creation and not birth right.
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That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. The Source of Human Rights and Role of Government-follow the plain language Then I argue the Roe viability/dependency standard fails to recognize endowed unalienable rights in created human beings, and that States have a compelling interest in protecting human life at all stages of development. I would like my readers to reflect on the plain language as stated in the Declaration regarding the source of human rights, and the role of government. This 4 th of July, many of us reflected on the plain language stated in the Declaration of Independence.