Active Now

Malizz
Discussion » Questions » Legal » ”Does a mother have a right to ingest drugs and harm a pre-viable baby? Can the state bring child neglect charges against the mother?"

”Does a mother have a right to ingest drugs and harm a pre-viable baby? Can the state bring child neglect charges against the mother?"

Interesting question by Justice Thomas. 
What do you think?

Posted - December 1, 2021

Responses


  • 6023
    I would say it depends on the abortion laws of the state.

    For example, in Texas you can't abort a baby after 7 weeks because they view it as a human.
    So it would be logical to say that if it's a human, it has ALL the legal protections of a human - including those against child abuse and neglect.

    In fact, I believe there are some states that if you attack a pregnant woman and cause injury to the fetus - you can be charged with crimes against the unborn child, as well as against the mother.
      December 2, 2021 10:04 AM MST
    2

  • 34432
    Right. So in those states the question would be "Does the Mother have the right to take drugs before the 7 week abortion limit and not be charged with child abuse?"

    SCOTUS is hearing a case on MI abortion ban that is what brought about Justice Thomas' question. 
    As I understand it the attorney for Planned Parenthood dodged and said it was not the topic before the court. 
      December 2, 2021 10:20 AM MST
    1

  • 6023
    The attorney is correct to a degree ... it is not the direct topic, but it is indirectly part of the topic.
    If abortion is wrong because it is killing a human, then (as I said) that human is entitled to every other legal right.

    I can understand why the anti-abortion side would be afraid of admitting that.
    Can you imagine the can of worms it will open, when government tries to enforce those human rights for womb dwellers?


      December 2, 2021 10:47 AM MST
    1