Legal

PERSONHOOD USA LEGAL FILINGS

**FULL DOCUMENTATION of Personhood Oklahoma Appeal to the US Supreme Court

**FULL DOCUMENTATION of Planned Parenthood Lawsuit Against the 2012 Colorado Personhood Amendment**

  • Includes Planned Parenthood Briefs and Motions, Personhood Answers, and Court Orders

Lawsuit filed against the Director of the Office of Legislative Council and the State of Colorado to stop the dissemination of the biased and unfair analysis of Amendment 62 in the Colorado 2010 Blue Book.

**FULL DOCUMENTATION of Planned Parenthood Lawsuit Against the 2008 Colorado Personhood Amendment**

  • Includes Planned Parenthood Briefs and Motions, Personhood Answers, and Court Orders

 

PERSONHOOD STRATEGY

Personhood Legal Strategy: A PATH TO VICTORY by Gualberto Garcia Jones J.D.

  • While Personhood efforts seek to educate, they also have a definite legal endgame.  This memo outlines some of the legal considerations to Personhood.

Colorado 2008 Amendment Legal Questions and Answers

  • A Legal Memo from Robert Muise, Staff Attorney for the Thomas Moore Law Center where he answers point by point, and question by questions, the issues presented by the Colorado Secretary of State’s Office.  Such questions include, concerns about the single subject requirement for initiatives.

Why National Right to Life Opposes Personhood: James Bopp Memorandum

  • National Right to Life believes that Roe v. Wade should not be challenged, that incrementalist laws that allow for most abortions to continue to be legal is the only way, and that personhood is a pie in the sky endeavor.

Why James Bopp and National Right to Life are dead Wrong: Robert Muise Response

  • Now is the right time to challenge Roe v. Wade head on, Personhood legal arguments have never been given a shot, incremental laws only entrench abortion.

Notre Dame Law School Professor Emeritus Charles Rice on State Personhood Amendments

  • “I understand that certain pro-life organizations oppose the petition drive to place this proposal on the Michigan ballot.  That opposition, in my opinion, is irresponsible.  The proposal is prudent, timely, and positive.”  Professor Charles Rice

An excellent legal brief by Cliff Zarsky, J.D. based upon and setting out a detailed legal argument for the personhood of the preborn.

 

PERSONHOOD IN LEGAL ACADEMICS

Unborn Children as Constitutional Persons
by Gregory J. Roden, Issues in Law & Medicine 25.3 (Spring 2010)

A Historical Look at the Personhood of Preborn Children in State Laws
by Gregory J. Roden, Human Life Review (Fall 2009)

  • “Lord Hardwicke, discussing the same question [in Wallis v. Hodson (1740)], held that a child in the mother’s womb is a person in rerum natura, and that by the rules of the civil and common law ‘she [the child] was, to all intents and purposes, a child, as if born in her father’s life-time.’”  Nelson v. Galveston, 14 S.W. at 1022.

Dissertation on the Constitutionality of Personhood
by Charles Lugosi, Issues in Law & Medicine 22.2-3 (Fall 2006-Spring 2007)

  • Explores, in depth, the constitutional foundation of personhood, from slavery to abortion.

Abortion and the Constitution: The Need for a Life-Protective Amendment
by Robert A. Destro, California Law Review 63.5 (1975)

  • Historical analysis of the Fourteenth Amendment leaves no reason to believe the unborn are excluded from the term person and provides evidence that they were meant to be included.

The Plausibility of Personhood
by Michael S. Paulsen, Ohio State Law Journal 74.1 (2012)

  • The interpretive evidence (drawn from a broad variety of sources, both from originalist and living constitutionalist perspectives) is not merely plausible, but sufficiently persuasive as to be determinative that unborn children are Constitutional persons.

An American Tragedy: The Supreme Court on Abortion
by Robert M. Byrn, Fordham Law Review 41.4 (1973)

  • Explores how the educated public would have understood the 14th Amendment as it related to abortion and unborn children as persons.

The “Right” to an Abortion, the Scope of Fourteenth Amendment Personhood, and the Supreme Court’s Birth Requirement
by John D. Gorby, Southern Illinois University Law Journal 4 (1979)

  • Both the Roe decision and the dissents by White and Rehnquist are unsound because they overlook that unborn children are persons.

Reexamining Roe: Nineteenth-Century Abortion Statutes and the Fourteenth Amendment
by James S. Witherspoon, St. Mary’s Law Journal 17.29 (1985)

  • Common law and later state punishments recognized prenatal life as persons in the fullest sense. Responds to claim that different states had difference sentences for abortion or feticide. Argues that common understanding at the ratification of the 14th Amendment would include unborn children as persons.

The Evolution of Abortion Through the Courts

  • Learn the court decisions that have shaped American abortion law
Advertisements