No Guardian for a Fetus, Court Rules

[BuckeFushe]

http://www.nytimes.com/2004/01/11/national/11FLOR.html

A Florida appeals court panel ruled on Friday that the state could not appoint a guardian for the fetus of a retarded rape victim, dismissing what civil-liberties groups complained was an attack by Gov. Jeb Bush against abortion rights.

The ruling does not affect the woman because she gave birth in August. But lawyers who fought the state's effort said the decision would have a far-reaching impact, because it would keep the state from establishing legal protection for fetuses in the future.

<snip>

In a concurring opinion, Justice Richard B. Orfinger wrote that "taking control" of a pregnant woman's body by appointing a guardian for her fetus would create a "universe of troubling questions."

While Governor Bush's administration argued that the case was only about J.D.S. and her fetus, Justice Orfinger wrote that "viewing the problem through that narrow a lens distorts the real issue."

"If a fetus has rights, then all fetuses have rights," he wrote.

<snip>


Do not think that this battle ends here. The Right will someday find a sympathetic group of judges to change the laws to suit their vision of 1984.

[Solly Mack]

1. The battle for rights is never won

We have to always fight to keep them

Take them for granted and they will be taken away....

[unblock]

2. the florida appeals court

is not the terminal court ....

[NashVegas]

3. But It's a Good Start

.

[Endangered Specie]

4. Can I get a lawyer for my sperm too?

[Maddy McCall]

7. LMFAO! And lawyers for your sperm and my egg must negotiate before

we have sex.

Then we will have separate lawyers for the fertilized egg, the blastula, and the foetus.

The baby? Who cares about that. Life only matters PRIOR to birth.

Good laugh, Specie, and you bring up a relevant point, when taken to its logical extreme, demonstrates how pathetic this attempt to derail Roe v. Brown really is.

:toast:

[soup]

5. Good.

Does anyone know if charges have actually been filed against Phillip Strong for raping this woman?

Found this-
>Hester Strong has been charged with felony negligence and is awaiting trial.<
http://www.wftv.com/news/2743289/detail.html

but can't find anything about charges filed against him.

never mind-
Found this-
>The disabled woman, known in court papers as J.D.S., was raped in late 2002 while living in a DCF-licensed group home in Orlando. J.D.S. gave birth to a healthy daughter in August.

Days later, the 75-year-old husband of the care home owner was arrested, only to be found incompetent to stand trial. The home's owner, Hester Strong, is awaiting trial on a felony charge of negligence.<
http://www.local6.com/news/2756400/detail.html


Also, I wonder if her baby is still in foster care?

[Peregrine]

6. Incopetent to mount a defense

Days later, the 75-year-old husband of the care home owner was arrested, only to be found incompetent to stand trial.

He has alzhimers and cannot remember yesterday, much less what happened months ago. The judge rule him incompetent to stand trial because he cannot assist in his own defense. I believe he is being held at a state hospital receiving treatment with the hope of him recovering his memory.