Constitutional Law

Alabama Justice Targets Roe v. Wade in Fetus Wrongful Death Decision


An Alabama justice known for his conservative stands is using a woman’s wrongful death case over a stillborn fetus to question the viability standard in Roe v. Wade.

The Alabama Supreme Court ruled today (PDF) in Hamilton v. Scott, which allowed a woman to sue her doctors for the wrongful death of her fetus before viability. Justice Tom Parker set out his views in a special concurring opinion joined by three other justices, Liberty Counsel notes in a press release.

Parker says the viability standard should be “universally abandoned,” at least with regard to wrongful death law. “Roe’s viability rule was based on inaccurate history and was mostly unsupported by legal precedent,” Parker writes. “Medical advances since Roe have conclusively demonstrated that an unborn child is a unique human being at every stage of development.”

The Alabama Supreme Court had issued a decision last year recognizing that a wrongful death action is permissible in such cases. In Hamilton, the court said plaintiff Amy Hamilton was entitled to rely on the prior decision though her case was pending at the time.

Previous:
Partner Tells Federal Jury Work Done by His Law Firm Was Legit, Not Part of a Lawmaker Bribe Scheme

Next:
2nd Circuit Axes Espionage Conviction of Goldman Sachs Programmer Who Took Source Code to New Job


Leave a comment
Your screen name.
Your email address.