To Felicity:
I don't see much to disagree with in the BioEthics Essay with respect to what it says about the Courts' statements. However, I don't know that the essay covered everything that the Courts have stated; it is possible that the essay only focussed on the things it could find a way to complain about.
One thing is obvious to me, though, is that the Courts made a mistake in using the phrase "when life begins". From my very first posting in this Thread, I've been saying that the real issue is about "when life MATTERS" -- and I've been tying that to the topic of Person-hood. There are two aspects to this issue. One is Subjective and one is Objective.
For the Subjective aspect, consider an average home-owner, who is likely to say that "the life of a dandelion in my back yard does not matter at all", and this would logically follow at least in part because nobody considers a dandelion to be a person. On the other hand, a homeowner who likes "dandelion wine" may think that dandelions growing in the back yard DO matter somewhat, even if that human also thinks that dandelions aren't persons. Thus we can divide the homeowners into "pro-choice" and "pro-life" groups, a Subjective distinction with respect to "aborting" dandelions from the yard.
For the Objective aspect, a definition of Person is crucial. Without one, simply declaring an unborn human to be, or not to be, a person, becomes a purely Subjective distinction, exactly equivalent to the dandelion scenario. Only a definition of Person can change the Subjective to the Objective, because it is commonly accepted that Persons matter, while non-persons generally don't.
Next, I did see a reference made to the Fourteenth Amendment, in which supposedly unborn humans, if EVEN ARBITRARILY granted personhood status, would gain various protections. So I looked it up to refresh my memory, and had to laugh!!!
14th amendment, 1st section (the only section relevant to the abortion debate):
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Do you see the funniness? Do you see the SLOPPY legalese that is going to cause no end of argumentation over what the "framers of the Amendment really meant"? Here is a clue:
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any {person born or naturalized in the United States and subject to the jurisdiction thereof} of life, liberty, or property, without due process of law; nor deny to any {person born or naturalized in the United States and subject to the jurisdiction thereof} within its jurisdiction the equal protection of the laws."
Obviously, the pro-choice logic is going to be that the first sentence defines which persons get protection, and the other sentences containing "person" were stripped-down to reduce cumbersomeness of phrasing. And so the unborn, EVEN IF PERSONS, get no protection.
HAW! HAW!! HAW!!!
OK, after rolling for a while on the floor, I can get back to the generally known fact that "the law is a ass". It makes statements that are often every bit as arbitrary as the statements of the preachers. I understand that some states still have laws against witchcraft on the books, with an associated death penalty. ARE YOU READY FOR MORE LAUGHTER?
See that (paraphrased) "deprive any person of life without due process of law"? A pregnant pro-choice woman need only go to a witchcraft-law state and accuse the fetus of witchcraft, in the form of "using evil selfish means to cause vomiting, backaches, indisposition, calcium loss, and sundry other ills". GUILTY, obviously, so one abortion, coming up!
HAW! HAW!! HAW!!!
I predict that if Roe vs. Wade is overturned on definition-of-Person-and-the-14th-Amendment grounds, then various pro-choice-friendly states will deliberately pass laws that can, through due process, sentence all unrepentingly selfish unborn persons to death, whenever charges are brought against them. I agree that a whole CHAIN of stupid-as-a-ass laws are involved here. BETTER to avoid arbitrary definitions of Person, therefore. BEST to obtain a Universally accurate definition of Person. Because then, so far as the evidence suggests (yes, I know that Felicity disputes this, in a debate still-ongoing), no unborn human will ever qualify as a Person, and none of the preceding nonsense, however funny (or unfunny), need happen.
{more to follow; I see you posted something while I was working on this}