Justice, Science, and Legal Analysis in reference to the Pain-Capable Unborn Child Protection Acts at the State and Federal levels

A) Justice in relation to the ethical responsibility of attorneys and justice in the sense of what is due to persons because they are

B) Current objective evidence as to personhood and the capabilities of unborn children.

C) Sound legal analysis based upon justice, science, and consistent laws rather than political trends or emotional appeals.

Lawyers are guardians of the law with a special responsibility for the quality of justice.

Seeking the improvement of the law, mindful of deficiencies in the administration of justice.

2.01 In advising or otherwise representing a client, a lawyer shall exercise independent professional judgment and render candid advice. Comment 1: A client is entitled to straightforward advice expressing the lawyer's honest assessment. Legal advice often involves unpleasant facts and alternatives that a client may be disinclined to confront.

This is true in all areas of the law.

Justice has many aspects; fairness, equality, due process, objectivity, as well as human dignity.

The universal principle of justice is Do No Unnecessary Harm. This principle is true in regards to people, animals, and our natural environment.

Many people now use the law as their moral compass, leaving no standard by which to determine the justness of specific laws. This damages human dignity, society, and the legal system.

As our knowledge in various sciences and technology grow, the law must adapt to address our new understanding of ourselves and our world.

New scientific data often result in new issues and new ideas, leading to changes, including changes in the law and our notion of justice.

Once we become aware of new publicly verifiable information, we cannot reasonably return to a state of ignorance.

If we are not going to use scientific evidence as a basis for legal justice, then we should be clear and honest as to what is taking its place. Emotional slogans, Political trends, Might makes right, Profit?

Justice requires just laws.

Just laws are the result of sound legal reasoning.

Sound legal reasoning relies on publicly verifiable evidence, legal principles, precedent, analogies, and logic.

The purpose of legal reasoning is justice based on fundamental principles of right and wrong, of what it means to be human and to be responsible for our own behavior.

What truth did Leonardo da Vinci know? This is da Vinci's drawing of an unborn child from about 1510 A.D.
Personhood is a legal, ethical, and biological concept.
Dictionary definition: A fetus is an unborn offspring of a mammal, in particular an unborn human baby more than eight weeks after conception.

Using a DNA sequencer, scientists found that a unique full human genome exists in a zygote (the initial single cell formed at the moment of conception) The identity and DNA of the zygote are not reducible to the mother’s DNA. Instead a new organism has been created.
This information should be enough to pitch Roe v. Wade by the standards set in the opinion itself.

Requirements to perform a legal abortion under the Federal Act:
Assess the post fertilization age of the child.
Abortions may be performed on unborn children less than 20 weeks post fertilization.
EXCEPTIONS A physician, using reasonable medical judgment, may legally perform an abortion after 20 weeks post fertilization,
1) if the abortion is necessary to save the life of the mother,
2) In case of rape of an adult woman after she receives counseling or medical treatment; or
3) in case of the rape or incest of a minor and the rape or incest has been reported to law enforcement or a government agency authorized to act on reports of child abuse.
The physician must attempt to preserve the life of the child under these exceptions. If the child is born alive, medical assistance must be given.
Mandatory reporting of violations.
Requirement of informed consent when abortions are performed under exceptions of the Act.

Micah Pickering was born at 22 weeks and met with some Senators prior to the death of the Act on Sept 22, 2015. He has a chronic lung condition and a slight speech delay, but is otherwise a healthy and spunky toddler of three.

On May 6, a study was published in The New England Journal of Medicine that reveals that more “micro preemies” are living outside the womb than doctors thought possible.

Texas, North Dakota, Nebraska, Kansas, Oklahoma, Idaho, Wisconsin, West Virginia, Louisiana, Arkansas, Alabama, and Georgia.

A district court judge in Idaho struck down this bill as unconstitutional. See McCormack v. Hiedeman, 694 F3d 1004 (9th Cir 2012). The court did not allow expert testimony as to scientific findings, failed to follow the oridnary rules of statutory construction, and dismissed a SCOTUS ruling.

In March 2013, a Georgia state judge blocked enforcement of the law pending litigation. (See Lathrop v. Deal.) Bans pre-viability abortions. Described as vague and against privacy laws b/c DAs would have access to abortion patients med records, and lack of due process for women. Ignored scientific findings.

Simple Universal Ethics based upon Scientific findings:

Pain receptors are present throughout the unborn child's entire body, and nerves link these receptors to the brain's thalamus and subcortical plate by not later than 20 weeks after fertilization.

At 8 weeks, the child reacts to touch. After 20 weeks, the child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling.

NARAL, and other abortion rights groups do not substantially contest the findings. A few have attempted to use old data to argue against the evidence, but doctors must use anesthetics when operating on unborn children.

Giuntini, 2007, “It has also been shown that fetuses feel pain from week 18. This has given rise to the practice of using fetal anesthesia for surgery or invasive diagnostic procedures in utero.”

L. Giuntini & G. Amato, Analgesic Procedures in Newborns., in NEONATAL PAIN 73 (Giuseppe Buonocore & Carlo V. Bellieni ed., 2007).

Abby Johnson testifies that she quit her job in 2009 after witnessing an unborn child fighting for its life during an abortion when she was asked to monitor the ultrasound during the procedure.

A traumatized woman or young girl would have to report a rape or incest and seek medical treatment or counseling. Huffington Post characterized it as requiring Police permission, which is not an actual requirement of the Act.

The reporting requirement for child abuse is mandatory at state and federal levels under already existing laws.

A woman might have to go to more than one doctor, under some state laws, not under the federal Act.

Doctors might have to go to jail for disobeying the law.

And the right to choose, which is frequently mischaracterized as if the Act will ban all abortions.

DOJ study: over 54% of rape victims were under the age of 18 and the criminal is usually someone close to the victim.

Child abuse laws, which would include rape or knowledge of sexual assault, are so stringent, the abuse must be reported. What appears to be happening is that abortion clinics refuse to report child abuse.

The requirement to report child abuse applies without exception to an individual whose personal
communications may otherwise be privileged, including an attorney, a member of the clergy, a
medical practitioner, a social
worker, a mental health professional, and an employee of a clinic or health care facility that provides
reproductive services. Your duty to report prevails over the attorney-client privilege
as well as the Rules of Professional Conduct, but you may not testify to privileged
information in any proceeding

Most people have two doctors, primary care physician and specialists, such as dentists, eye doctors, or optometrists, physician's assistant, etc.

The federal Act does not require two doctors, although some state acts do.

We all face jail time if we disobey certain laws.

Shepard Fairey, the artist who created the Obama Hope poster, was arrested over the summer for malicious destruction of property w/ max possible sentence of five years.


The Act acknowledges the actions of a reasonably prudent physician who determines the mother's physical life is endangered, exceptions to rape and incest. The Act bars a cause of action against the woman.

Abstinence
Fertility Awareness
Contraceptives
Adoption
Baby Moses Law
Keep the Baby

Even ISIS is ransoming some of its captives.

The majority of abortions have nothing to do with the mother's physical health.

Factual evidence from the mouths of PP officials, abortionists, procurement technicians, Stem Express's web site show illegal activity and the torture of the unborn for profit. This translates into the exploitation of taxpayers and women seeking help.

Do they characterize our society as a humane society?

Do they provide for due process?

Do they completely negate a woman's right to choose?

Are they arbitrary or consistent with scientific data?

Does justice require the protection of unborn pain-capable children?