Appeals Court Overturns Murder Conviction because a Six-Day-Old Baby isn’t Actually a Person!

A disturbing story about a criminal case in New York may be laying the groundwork for some very dark days ahead. A woman who was convicted of murder after driving recklessly and causing an accident recently had her conviction overturned by an appeals court in the Empire State.

Warner Todd Huston tells the story on Publius Forum:

In 2008 a pregnant woman who severely injured her baby in utero by driving recklessly was charged with murder when the baby died six-days after being born. After years of court cases, a New York Appeals court ruled that the baby wasn’t a baby–yes, even though it was alive and outside the mother for six days–and the woman cannot be charged with murder…

The dissenting judge, Eugene Fahey, was thoroughly disgusted by the majority ruling saying, “I cannot join in a result that analyzes our statutes to determine that a six-day-old child is not a person”…

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Jennifer JorgensenThis law essentially says that a human is not a “person” until they pass through the portal of birth, as if the birth canal itself bestows “personhood” on human beings. This is such an arbitrary and silly claim that it makes a mockery of the law not to mention belittles life itself.

The idea that you are not a person on one side of the birth canal but you are on the other is absurd–especially in light of the capabilities of modern medicine.

This case lays bare the illogic of proclaiming that a human doesn’t count as a person until it clears the birth canal. And the reason these illogical backflips are made in legislatures across the country is merely to give sanction to abortion–which is murder, too, but that truth can’t be said for political reasons.

Pro-Life Groups are rallying around this story as an example of the logical conclusions of our nation’s terrible abortion policies. Cases like this are exactly the reason that we MUST support and pass new legislation defining personhood and making sure that the rights of all people, including the unborn, are protected.

From Georgia Right to Life’s Facebook Page:

Why is personhood the only effective means of combatting injustice against all innocent human life? Look at this case from NY.

The NY Appeals Court CORRECTLY rules that the child is not a person because the state legislature codified a requirement for personhood as having been born alive, umbilical cord cut, and breathing without assistance. Since the injuries were sustained prior to that requirement, the woman hasn’t committed murder.

The issue is not humanity or how emotionally shocking the situation is, it’s personhood. By this standard, a preterm baby on a ventilator or even a baby who has been born and hasn’t had the cord cut yet aren’t persons.

The Personhood Amendment is the only defense against this barbarism in law and the most effective philosophical offensive on the prevalence of utilitarianism in our culture (even in the “pro-life” movement).

You can be sure, if we do not change our laws regarding abortion, we will continue down this twisted and illogical path of self-destruction. Already across this country killers are being released because state laws on abortion conflict with laws against assault and murder. This case in New York is one such example, but others have been popping up around the country (like this one in Colorado). Things will get much worse unless we force our legislature to defend the right of all people to live without fear of being murdered.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by

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