The Brethren by Bob Woodward & Scott Armstrong

Author:Bob Woodward & Scott Armstrong [Woodward, Bob & Armstrong, Scott]
Language: eng
Format: epub
Tags: Non Fiction
ISBN: 9780743274029
Publisher: Simon & Schuster
Published: 2005-06-30T23:00:00+00:00

Stewart had one more change that he insisted on before he would join the opinion. It was imperative that they say more clearly that a fetus was not—as far as the Fourteenth Amendment was concerned—a person. If the fetus were a person, it had rights protected by the Constitution, including "life, liberty and property." Then the Court would be saying that a woman's rights outweighed those of the fetus. Weighing two sets of rights would be dangerous. The Court would be far better off with only one set of rights to protect. Stewart was certain that in legal terms a fetus was not a person. No previous case had held so. States conceded that, where the mother's life was at stake, a fetus had no rights. When the Fourteenth Amendment was passed in 1868, abortions were common enough to suggest that the state legislatures that had ratified the Amendment did not consider fetuses to have rights.

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