According to the Mississippi Supreme Court, only the mother of an unborn child has the right to kill that child.
JACKSON, Miss. — The Mississippi Supreme Court, in a decision criticized by one of its members as an assault on Roe v. Wade (search), held Thursday that a fetus is a "person" under state law and wrongful death claims can be filed on its behalf. ...That strikes me as a little odd. Even the pro-choicers seem to recognize the incongruity of the decision.
Presiding Justice Jim Smith, writing for the court, said Thursday's ruling in the lawsuit brought by Tucker had nothing to do with abortion. He said doctors performing abortions are still protected by Mississippi law.
"Tucker's interest is to protect and preserve the life of her unborn child, not in the exercise of her right to terminate that life which has been declared constitutional by the U.S. Supreme Court," Smith wrote.
Sondra Goldschein, state strategies attorney for the American Civil Liberties Union said she was troubled by the court's definition of a fetus as a "person."She's certainly correct, and I suspect that was exactly the purpose intended by some of the people behind the lawsuit. It's the same type of end-run that gun-control advocates try to pull by passing registration laws and limits on magazine capacities. I don't disagree with the decision, but I would vastly prefer it if our legal system weren't so convoluted.
"Anytime the fetus is recognizable as a person it chips away at the foundation of Roe," she said.