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Thread: Florida fetus legally assigned a doctor and a lawyer to protect its own interests

  1. #1
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    Default Florida fetus legally assigned a doctor and a lawyer to protect its own interests

    or: maybe Der Trihs is on to something

    http://salon.com/life/pregnancy/inde...forced_bedrest

    You guessed it: At least one court decided that the woman's constitutional rights should be suspended to protect her "unborn child."

    In March 2009, Samantha Burton was 25 weeks pregnant and at risk of miscarrying. A doctor ordered bedrest, but Burton, who had two small children and a job she depended on, said that would be impossible. So the doctor asked the State to intervene and, according to a brief (PDF) filed by the ACLU on Burton's behalf -- the case is currently before the First District Court of Appeals -- "At the State's request, the Circuit Court, Leon County, ordered Ms. Burton to be indefinitely confined, which had her pregnancy gone to term would have been up to fifteen weeks, to Tallahassee Memorial Hospital and to submit, against her will, to any and all medical treatments, restrictions to bedrest, and other interventions, including cesarean section delivery, that in the words of the court, 'the unborn child's attending physician' deemed necessary 'to preserve the life and health of Samantha Burton's unborn child.'" As it happened, Burton was there for three days before the doctors ordered an emergency C-section, only to learn that the fetus had already died.
    A woman was, in other words, legally required to submit to whatever medical treatment her fetus's doctor deemed necessary in order to protect its life.

    There's reason, sadly, for the government to step in and force parents to obtain medical treatment for children -- cases like that of Kara Neumann, whose parents stood around her and prayed as she died of untreated diabetes, are horrifying and I have no problem when the courts step in in that kind of situation.

    But for the court to legally force a woman to submit to bedrest and a C-section to save the life of her unborn child is appalling. She was also not permitted to switch hospitals when she asked. The idea that the courts can bring to bear the power of law to save the life of a fetus against its mother's wishes -- particularly when it comes at substantial cost to the mother and her other children -- is chilling, and it says something about the mindset of the anti-abortion movement in this country.

    I'm not versed enough on the law to know even if there's any possibility of having this decision overturned at a higher court, since now that the fetus is dead the mother probably no longer has standing to challenge the decision.

    It's easy to dismiss arguments that anti-abortion laws are based upon the devaluation of women and their rights to personal autonomy as overheated rhetoric. But in this case, where a woman was literally imprisoned in order to preserve the life of a fetus, is there really any doubt that that's exactly what happened?

  2. #2
    Prehistoric Bitchslapper Sarahfeena's avatar
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    Yeah, ok, I'm philosophically pro-life, but that's just crazy.

  3. #3
    Curmudgeon OtakuLoki's avatar
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    I agree this is abominable. I don't like abortion, and especially I don't care for late term abortion. But legal bans against it are not the way to go. When medical need exists, the woman should not have to get permission from a court that may or may not know any more about biology than I know about tort law.

    Without getting into the merits of such laws, does Florida have a law on the books preventing late-term abortions? (Which are usually defined, AIUI as anything past 24 weeks.) If so, the doctor may have had her/his hands tied - if he didn't take action to protect the fetus he may have been at risk for criminal charges.

  4. #4
    Oliphaunt Taumpy's avatar
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    Really, there's no doubt in my mind, Exy

    Consider the fact that the article does not mention "abortion" anywhere. It's unclear that Ms. Burton was even contemplating going in that direction. However, the courts decided that the continued life of her fetus, not because it would be intentionally ended, but just in general, was more important that an adult woman's choices to have whatever medical treatment she wanted.

    This is, to me, why even people who philosophically disagree with abortion should still support pro-choice legislation, because in the end it IS about taking away a woman's right to decide what to do with her own body.

    This makes me really angry.

  5. #5
    Sophmoric Existentialist
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    Too angry to post. My keyboard is on fire.
    Sophmoric Existentialist

  6. #6
    The Queen Zuul's avatar
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    Good God. This is just horrifying beyond words to me.

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    Oliphaunt jali's avatar
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    I'm so angry right now that I'm logging off. This is crazy.
    They weren't singing....they were just honking.
    Glee 2009

  8. #8
    Jesus F'ing Christ Glazer's avatar
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    ... you have the right to an attorney, if you are unborn one will be appointed to you...
    Welcome to Mellophant.

    We started with nothing and we still have most of it left.

  9. #9
    Content Generator AllWalker's avatar
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    There's an old joke that the right-wing among the anti-abortion movement will protect your right to live up until you die, then it's "screw you, die for all I care" from then out.

    I hate it when absurdist, strawman statements like that gain truth. Not that I'm saying anything about the politics involved, but to possess that sort of mindset is truly... well, absurd.
    Something tells me we haven't seen the last of foreshadowing.

  10. #10
    Elephant terrifel's avatar
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    Well what can we say? We're Florida; we should not be left unsupervised. Honestly, the rest of you really ought to know that by now.

    Remember the Terri Schiavo fiasco. In general, Florida tends to side with whomever demonstrates the least brain activity: unborn fetuses, vegetative coma patients, the Bush family, etc.

  11. #11
    Jesus F'ing Christ Glazer's avatar
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    Quote Originally posted by terrifel View post
    Well what can we say? We're Florida; we should not be left unsupervised. Honestly, the rest of you really ought to know that by now.

    Remember the Terri Schiavo fiasco. In general, Florida tends to side with whomever demonstrates the least brain activity: unborn fetuses, vegetative coma patients, the Bush family, etc.
    You forgot the snowbirds.
    Welcome to Mellophant.

    We started with nothing and we still have most of it left.

  12. #12
    Elephant terrifel's avatar
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    Quote Originally posted by Glazer View post
    You forgot the snowbirds.
    That is an entirely different situation. They bring money.

    Pay no attention, snowbirds! Please visit as often as you can. We find your creative driving idiosyncrasies to be charming and delightful. If possible, we in Florida love you even more than we love brain-dead fetuses.

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