Alabama Supreme Court justice blasts U.S. abortion law (Updated) (al.com)
By Brian Lawson, The Huntsville Times
MONTGOMERY, Alabama -- Alabama Supreme Court Justice Tom Parker took aim Friday at U.S. abortion law, using a DeKalb County case to call for states to reject the concept of "viability" of a fetus and give legal rights to the unborn.
The state court ruled unanimously Friday that a DeKalb County woman has the right to pursue a wrongful death claim against her doctors on behalf of her unborn child. The child was not old enough to live outside the womb, but a 2011 Alabama Supreme Court ruling said that such a claim could be filed even for a "previable fetus." The decision did not break new legal ground in abortion law.
In Roe vs. Wade, the U.S. Supreme Court said the state has a "compelling" interest in the life of an unborn child when it reaches "viability," when it can survive outside the womb. The U.S. Supreme Court has not defined viability by the age of the fetus, but left it to be determined by the mother's doctors.
In his widely noted opinion Friday, Parker, a staunch and vocal conservative, said the concept of viability in Roe was mistaken and does not have any effect on laws governing the rights of the unborn apart from the abortion question.