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Re: Arguing "strict Liabilty"
by spiker

You're argument revolves around involuntary servitude. I don't think you have been able to establish that the relationship is in fact the same involuntary servitude defined in the Constitution. Is there case law that establishes a fetus as forcing involuntary servitude on a pregnant woman wanting an abortion?

Besides what is the redress for involuntary servitude? I don't think people practicing slavery today in the United States get death sentences. I think they get prison sentences. When a person is incapacitated, say in a hospital for a set period of time, any criminal or civil liabilities they may be subject to are put on hold until the defendant can be brought to court. Given that the defendant in this case can be brought to court in 9 months or less I think hardship issues aren't severe.

Given that the contract was initiated by the pregnant woman and forced upon the fetus by the direct actions of the woman it is the fetuses for whom the court should hold prejudicial preference as is the case when resolving contractual issues.

Now if you and I were floating in open water far from land fighting over a single life preserver and I killed you that would be justified homicide. If an abortion was required to save the life of a woman that to would be justified homicide, but only if the life of the woman was truly in danger.

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