Judge Allows Father to Sue Clinic on Behalf of Aborted Fetus

Abortion is not a topic that anyone seems “comfortable” talking about, even in this day and age. If you oppose it, you are presumed to be opposed to a woman’s right to choose. If you are in support of it, you’re presumed to have no problem “killing babies.” Either way, you turn and twist, it’s a sticky wicket. Recently, the complicated subject of abortion got that much more complicated. Ryan Magers of Madison County, Alabama is currently using an abortion clinic for performing the procedure on his six weeks pregnant girlfriend in 2017. The most unusual part of this unusual tale is that Magers is suing on behalf of the aborted fetus itself… Alabama Allowances It isn’t just that Magers is suing on behalf of his aborted child, either, but that an Alabama probate court is actually allowing him to do so. This is the first case of its kind in the country and one that anti and pro-abortion groups all over the U.S. foaming at the mouth. One anti-abortion coalition has actually come out to help Magers to organize the whole thing. Representing the Fetus The group helped Magers to file an official petition to serve as the “personal representative” of the aborted fetus’ estate. This is not generally done, simply because it brings up a difficult question about the nature of life; at what age is a fetus considered “alive?” Ultimately, the courts decided that Baby Roe, as the fetus was being called, was considered to have an estate after all… Unprecedented Once he was considered to be the personal representative of Baby Roe’s estate, Magers set about suing the Alabama Women’s Center for Reproductive Alternatives in Huntsville, the clinic that performed the abortion in the first place. Magers procured the representation of Attorney Brent Helms and the unprecedented legal battle was soon underway. A Groundbreaking Event Mr. Helms spoke to ABC local affiliate WAAY 31 recently, speaking about how groundbreaking this case truly was. “This is the first estate that I’m aware of that has ever been opened for an aborted baby. We are confident, and this is a step in the right direction.” Not everyone was so upbeat about this decision however, especially those on the opposition… The Unrepresented This decision obviously drew criticism from a number of abortion rights activists throughout the U.S. NARAL President Ilyse Hogue described this as a “very scary case” and Erin Matson who founded Reproaction cited this as “The logical consequence of all anti-abortion activity…” She added that it’s more proof of fetuses being treated like people while pregnant women are not. The Right to Life This case, unusual as it may sound, is particularly timely because it comes on the heels of a recent Alabama state constitutional amendment which says that it is Alabama’s state policy to “ensure the protection of the rights of the unborn child.” The amendment also recognizes and supports the sanctity of unborn life and the rights of unborn children; specifically the right to life… Fetal Personhood Many experts believe that Amendment 2, as it is called, sets up lawmakers to pass a “fetal personhood” statute. This would essentially say that life begins at conception and would mean that anything done to the fetus after that point could be construed as abortion and hence, against the right to life of that individual. Helping to File Personhood Alabama was one of the chief advocates for Amendment 2 and was among the first to come out in support of Magers’ lawsuit against the clinic. They called the emerging situation, “timely reminder that every single abortion committed is a chilling assault on a precious and innocent human life.” Still, there are many who say that this case is pushing the limits of the law quite a bit… Pushing the Limits Those who advocate for the reproductive rights of women believe that this case is a benchmark for seeing how far the anti-abortion side can push the limits of Amendment 2. Judging by the court’s determination, it seems like it can be pushed pretty far. That was not their opinion in the first place, however. Quite Ridiculous Amanda Reyes is the president of the Yellowhammer abortion access fund. She, like so many of her peers, thought that this was nothing more than a ridiculous joke. As soon as the probate judge made his ruling, though, the seriousness of the situation hit them. Alabama isn’t the only state enacting new and somewhat worrying legislature in terms of abortion, however… New Laws Recently, a new bill has been proposed in the Virginia legislature that would loosen restrictions on abortions during the third trimester of pregnancy. One of the ramifications of this bill would be to allow abortions occurring during the second trimester to take place outside of hospitals. This is significant because the current law requires the opinion of more than one expert. Only One Determination Under the current law, these abortions require a determination by both a doctor and two consulting physicians. Those experts have to weigh in to determine whether continuing the pregnancy would result in the woman’s death or “substantially and irremediably” impair her mental or physical health. Under the new bill, only one doctor would make the determination. It’s something not everyone agrees with… Conservative Backlash Many who support this bill cite a similar law recently passed in New York, which is designed to protect women’s health. Those who vehemently oppose abortion, however, argue that there are very few medical reasons for late-term abortions. Conservatives throughout the state have spoken out against it, but those responses were compounded by comments from Virginia’s governor. Disapproval A controversy was sparked and Virginia’s governor, Democrat Ralph Northam, even made a statement about what was meant by the law, which controversial as the subject invariably is, only managed to get him in more trouble. “When we talk about third-trimester abortions, these are done with the consent of obviously the mother, with the consent of the physicians, more than one physician, by the way,” Northam began… Controversial Statement Northam added that this type of thing is commonly done in cases where there may be severe deformities or a nonviable fetus. He gave an example regarding a woman in labor. “In this particular example…the infant would be delivered and be kept comfortable. The infant would be resuscitated if that’s what the mother and the family desired, and then a discussion would ensue between the physicians and the mother…” Misspoken Sentiment The governor ended by saying the whole thing was “blown out of proportion,” which for anyone who is passionate about abortion on either side, is pretty darn insulting. The day after he allegedly misspoke, a controversial and highly-damaging photo surfaced which not only thoroughly embarrassed him, it forced him to resign… Bad Optics The photo, which was on Northam’s medical school yearbook page, shows an image an unidentified person in blackface posing next to an unidentified person in a Ku Klux Klan hood. Many have speculated that he was put into power with the knowledge that he could be blackmailed and therefore removed at any point by way of the photo. Deeper Concerns The photo notwithstanding, Northam’s somewhat blase explanation of the bill’s import is what ultimately landed him in the hottest water amongst his political allies, rivals, and constituents. Republican National Committee Chairwoman Ronna McDaniel tweeted “This is horrific…” and even the President weighed in on Northam’s offhand remarks… Trump Weighs In Republicans and conservatives, in particular, were dismayed and even President Donald Trump admitted that Northam’s comments were “terrible” adding that “This is going to lift up the whole pro-life movement like maybe it’s never been lifted up before…” Northam himself commented on the outcry, stating that he’d devoted his life to caring for children. Value to Life Whatever the outcome of Ryan Magers’ trial, it will no doubt bring about new abortion legislation across the country and spark new interest from both sides on this highly divisive issue. Abortion brings up many questions about the value of life, but one wonders if we as human beings, flawed as we invariably are, are even equipped to make a determination on it.