Thursday, December 01, 2005

WHEN STRICT CONSTRUCTIONISM FAILS

A TEXTBOOK EXAMPLE OF THE DIFFERENCE BETWEEN "LEGAL" AND "JUST."

VIA WorldNet Daily: "Ruling: Pregnant moms can harm babies at will"

http://www.wnd.com/news/article.asp?ARTICLE_ID=47661

The conviction of Tayshea Aiwohi, who was found guilty of manslaughter in the death of her newborn son, was reversed by the Supreme Court of the State of Hawaii. Aiwohi admitted to using methamphetamine for three days before the birth and took a "hit" on the morning her son was delivered.

The hell of it is, the ruling is based on the literal interpretation of Hawaiian Penal Statutes:

"The proscribed conduct must have been committed at a time when Treyson 'qualified' as a 'person,' defined by the Hawaii Penal Code as 'a human being who has been born and is alive,'" the Court wrote.

But there is a remedy, no? There's the legislature? House Judiciary Chairwoman Sylvia Luke, a Democrat, agrees with the decision:

"At least from the Judiciary Committee's standpoint, we don't have any interest in changing the current law to allow for such prosecution. I think that runs into a very dangerous ground because it can be expanded to not just drugs, but the state infringing on the woman's life when the woman is pregnant."

Absurd. A banner case for those who think feminism has run completely amok. A case that begs for a remedy which will never happen, for the remedy would strike at the very heart of women's "rights."

But the next time someone complains about "liberal" judges legislating from the bench on issues like abortion, remind them of the Aiwohi case, where strict interpretation and the right thing were different things.

Comments:
Maybe you saw something in this artcle that I didn't, but from my perspective, this was a liberal supreme court in a liberal state, using the letter of the law to support a (D)emocrat stance.

If they had let the conviction stand, it would have had the affect of declaring abortions for non-medical reasons (health of the mother) illegal. No way in heck is that going to happen in Hawaii.

I am waiting for such a case to make it to the US Supreme Court. That's when they fur will fly. Becuase we have a situation in the country right now, where the fetus is a person if anyone but the mother threatens it; but is NOT a person if the mother threatens it. This is a logical fallicy, and should be a legal one.

You can't have it both ways...

And no, I am not pro-life, or pro-death (pro-choice is a misnomer, since the only choice they are allowing is death). I think there are situations where abortion is preferable, beyond just the life of the mother.
 
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