The gall to hinge your entire argument on the other side not hiring an intern to read through the actual laws in question… I would have loved to be in the room when they concocted that approach and had to convince themselves nobody would double-check their work and find the third paragraph.
Maybe I'm dense but I don't think this is a close question. Whatever legal vacuum may be left by the federal born-alive act is filled, is it not, by the federal unborn victims of violence act? When someone attacks a pregnant woman in a federal jurisdiction, and "thereby causes the death of, or bodily injury... to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section." And generally, "the punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother." So, in other words, the punishment for battery, assault, or murder. Equal protection. The attack on Laci and Conner Peterson was a double murder, and you can't murder a non-person. (Note: I'm not a lawyer either, but I can read the law...) That did not, of course, include abortion, and could not have done so under Roe -- nor can an abortion the woman consents to be, in the first instance, an assault or battery upon her (unless a separate law were to make it so). Just sayin'.
With regard to 1 USC 8(c), it is possible that Adams’ lawyers violated their ethical duty to bring it to the attention of the court. https://www.appellateinsight.com/2019/12/31/legal-ethics-candor-to-the-courts-adverse-authority/
The gall to hinge your entire argument on the other side not hiring an intern to read through the actual laws in question… I would have loved to be in the room when they concocted that approach and had to convince themselves nobody would double-check their work and find the third paragraph.
Maybe I'm dense but I don't think this is a close question. Whatever legal vacuum may be left by the federal born-alive act is filled, is it not, by the federal unborn victims of violence act? When someone attacks a pregnant woman in a federal jurisdiction, and "thereby causes the death of, or bodily injury... to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section." And generally, "the punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death occurred to the unborn child’s mother." So, in other words, the punishment for battery, assault, or murder. Equal protection. The attack on Laci and Conner Peterson was a double murder, and you can't murder a non-person. (Note: I'm not a lawyer either, but I can read the law...) That did not, of course, include abortion, and could not have done so under Roe -- nor can an abortion the woman consents to be, in the first instance, an assault or battery upon her (unless a separate law were to make it so). Just sayin'.