… netics, University Rene Descartes). “Lively
activities [are] observed by ultrasound in the
tenth week, when babies rarely pause for more than
five minutes.” Geraldine Lux Flanagan, Beginning
Life 62 (1996). At eight weeks, “the danger of a
miscarriage . . .
diminishes sharply.” Lennart
Nilsson, A Child is Born 91 (1990). Integrated
brain functioning has been verified about seventy
days after conception. Peter Steinfels, Scholar
Proposes ‘Brain Birth’ Law, N. Y. Times, Nov., 8,
1990 at A28. Nine weeks after conception, the baby
is well enough formed to bend her fingers around
an object in the palm of her hand; in response to
a touch on the sole of her foot, she will curl her
toes or bend her hips and knees to move away from
the touching object.
Valman & Pearson, What
the Fetus Feels, British Medical Journal, (January
26, 1980). “Until the 9th week there is no
apparent difference in the external genitals of
boys and girls. . . . [but] in boys in the 9th
. . the testis releases a burst of male
hormones . . . and the phallus stays.” Christopher
Vaughan, How Life Begins: the Science of Life in
the Womb 74 (1996).
By nine weeks, a developing
fetus can hiccup and react to loud noises. Hopson,
Fetal Psychology, 31 Psychology Today 44 (October
1998). #8) “[B]efore ‘viability . . . the woman
has a right to choose to terminate her
pregnancy.'” Stenberg v.
Carhart, 530 U.S. 914,
921 (2000)(citations omitted). “Viability is
usually placed at about seven months (28 weeks)
but may occur earlier, even at 24 weeks.” Roe v.
Wade, 410 U.S. 113, 160 (1973). #9) “[T]he line
between lawful and unlawful abortion will be
marked by the fact of having sensation and being
alive.” ARISTOTLE, POLITICS bk. 7, ch.
6 at 294
(T.A. Sinclair trans. 1962) (325 B.C. or
thereabouts). “In the case of male children the
first movement usually occurs on the right-hand
side of the womb and about the fortieth day, but
if the child be a female then on the left-hand
side and about the ninetieth day. However, we must
by no means assume this to be an accurate
statement of fact, for there are many exceptions,
in which the movement is manifested on the
right-hand side though a female child be coming,
and on the left-hand side though the infant be a
And in short, these and all suchlike
phenomena are usually subject to differences that
may be summed up as differences of degree.”
ARISTOTLE, HISTORY OF ANIMALS bk. 7, part 3. “If
one strikes a pregnant woman or gives her poison
in order to procure an abortion, if the foetus is
already formed or quickened, especially if it is
quickened, he commits homicide.” Henry Bracton, 2
On The Laws and Customs of England, 341 (S.E.
Thorne trans., George E. Woodbine ed. 1968) (1250
A.D. or thereabouts).
“The third party killing of
a fetus with malice aforethought is murder . . .
as long as the state can show that the fetus has
progressed beyond the embryonic stage of seven to
eight weeks”. People v. Davis, 7 Cal. 4th 797,
814, 30 Cal.
Rptr. 2d 50, 61, 872 P.2d 591, 602
(1994)). #10) “The [Roe v. Wade] opinion’s author,
Justice Harry A. Blackmun, said in one internal
court memo that he was drawing ‘arbitrary’ lines
about the times during pregnancy when a woman
could legally receive an abortion. In another
memo, Justice Potter Stewart, who joined the
Blackmun opinion, said the determination in the
opinion about these lines was ‘legislative.'” Bob
Woodward, The Abortion Papers, Washington Post,
January 22, 1989 at D1 (emphasis added).
legislative powers herein granted shall be vested
in a Congress of the United States, which shall
consist of a Senate and a House of
Representatives.” U.S. Constitution, Art. 1, Sec.
1. #12) “A bill in Congress that would ban most
restrictions on abortion is virtually dead . . .
Proponents have argued that the act would codify
Roe vs. Wade . . . .” Freedom of Choice Act
Stalls, Chicago Sun Times, March 21, 1994 at 18.
#13) “Constitutional protection of the woman’s
decision to terminate her pregnancy derives from
the Due Process Clause of the Fourteenth
Amendment. It declares that no State shall
‘deprive any person of life, liberty, or property,
without due process of law.'” Planned Parenthood
Casey, 505 U.S. 833, 846 (1992). #14) “I have
not yet adequately expressed the more than anxiety
that I feel at the ever increasing scope given to
the Fourteenth Amendment in cutting down what I
believe to be the constitutional rights of the
States. As the decisions now stand I see hardly
any limit but the sky to the invalidating of those
rights if they happen to strike a majority of this
Court as for any reason undesirable.” Baldwin v.
State of Missouri, 281 U.S. 586, 595 (1930)
(Holmes, J., dissenting). #15) “We are to construe
this phrase in the fourteenth amendment by the
usus loquendi of the constitution itself.
words are contained in the fifth amendment. . . .
The conclusion is . . .
irresistible, that when
the same phrase was employed in the fourteenth
amendment to restrain the action of the states, it
was used in the same sense and with no greater
extent . . .” Hurtado v. California, 110 U.S. 516,
534-535 (1884). This has always been common
“‘Due process of law,’ within the meaning
of the national constitution, does not import one
thing with reference to the powers of the states
and another with reference to the powers of the
general government.” Id. at 541 (Harlan, J.,
dissenting). #16) “The words, ‘due process of
law,’ were undoubtedly intended to convey the same
meaning as the words, ‘by the law of the land,’ in
Magna Charta. Lord Coke, in his commentary on
those words, (2 Inst. 50,) says they mean due
process of law.” Murray v. Hoboken Land, 59 U.S.
(18 How.) 272, 276 (1855) (emphasis added).
Carta does not contain any one provision for the
security of those rights, respecting which the
people of America are most alarmed. The freedom of
the press and rights of conscience . . . are
unguarded in the British Constitution.” James
Madison, Cong. Register, I, 423-37 (1789)(speech
introducing the Bill of Rights).
#17) “It were
endless to enumerate all the affirmative acts of
parliament wherein justice is directed to be done
according to the law of the land: and what that
law is, every subject knows; or may know if he
pleases: for it depends not upon the arbitrary
will of any judge; but is permanent, fixed, and
unchangeable, unles ….
Research essay sample on Responses On The Ethics Of Abortion