The United States Supreme Court is about to enlarge law and impose new procedures and protections in every state by going beyond the limits of Article III of the Constitution, It is totally brand new law, presented without restraint and uncontrolled. Currently, fetuses are treated horribly; the cruel, harsh state laws work against unborn human beings can be changed with the flick of a pen. State legislatures can huba-huba, chop-chop, or the U.S. Supremes will do it piecemeal in an attempt to bring another nine months of life to the human race. Life expectancy will increase. But fetuses need legal standing, so fetuses can instantly protect themselves throughout their status until birth. Once a fetus is born such protections end. Everyone knows babies are like the rest of us and have to take their chances on the globe.
In the meantime without a change of statutes, fetuses suffer from discrimination in the most mean, base, vile ways, yet no state has gone whole hog to protect them. No federal court will interfere with the slightest changes any state wants to make. Again, there is no political will to protect fetuses. Following are examples of fetus abuse in all the states.
I. If a mother with a fetus is emotionally injured but has no physical injury, no one cares about the fetus. Yet, when the mother suffers emotional injury, the fetus also suffers. more intensely; a fetus, a young human being, is more vulnerable and frail – scars from the womb last a lifetime. These sorts of situations arise when emotional distress flows from many acts – intentional infliction of emotional distress, breaches of fiduciary duties, fraud and deceit cases, breaches of privacy (e.g.concealed or hidden cameras), attacks on pets, destruction of personal property, etc. Law suits should allow fetuses to recover for themselves regardless of whether the mother sues.
II. All of paragraph I is included here. When a mother is also physically injured, recovery of damages should be allowed to the fetus. For instance, assaults and batteries; car crashes whether deliberate or negligent; drunk driving, stuff falling from the sky including flying craft and plunging sky divers; being non-vaccinated; gun shot wounds; drug usage; whiskey drinking; over medication from pharmacies or from the street; spouse beating; boyfriend fights; smash and grabs. If any of these mishaps occur when the fetus is in the womb, the fetus alone should recover damages against wrong-doers, bad guys, perpetrators, cold-blooded felons and anyone else who does not care whether the fetus is hurt. Some of these actions involve crimes, and obviously the fetus is a victim of the unsettled society following crime.
III. Negligence is a big field in civil law, and on its own a fetus should recover damages on its own if the host, the mother with fetus is so affected. This includes falling, slip and falls, missteps, lack of good health, exercising excessively or not enough, smoking, sucking and inhaling reefers, workplace accidents; causing a miscarriage; not having enough folic acid; failure to get proper pre-natal care; medical malpractice; and suits against insurance companies who refuse to pay promptly. (Having an insurance company refuse to pay when the policy is paid up, is a deliberate act and causes hurt and damages.)
IV. And the fetus, being a recognizable human being, should be allowed to sue the mother who carried him to birth – affirm or disavow her. With advances in genetics and our understanding of the tiny, wee and pee, itsy-bitsy world of things, a fetus should be able to sue for bad genes: Too tall; too short; tends to fat up; has no brains or has a weak mind; inherited mental illnesses; needs plastic surgery in a decade; is not quick enough to be in professional sports. These are legitimate issues arising when allowing fetuses to think!
V. At least one other category should be mentioned. Commerce. Fetuses should pay their own way from conception – pay taxes, income and otherwise. And fetuses should be allowed to enter into contracts, be represented by attorneys, be able to enforce contract rights, assignments and rights as third party beneficiaries, and be entitled to rights to privacy!
Paragraphs I through V should be enacted by states nationwide. These rights to sue are the birthright of every American fetus. There are no Constitutional issues when legislatures protect American fetuses, human beings who have rights in law, and are expressed the natural laws of liberties and freedoms, like those being claimed by rioters on January 6, 2021! Passing the legislation above might impose burdens on society. Bureaucracies might come into being just to monitor the state of fetuses in the United States. A Bureau of Fetus Immunity might become a necessary cabinet post.
However, there is resistance and no political will. Given the history of this country, Americans will break these laws often or over look them because nobody in America cares about unborn fetuses. The absence of laws protecting fetuses suggests what Americans really think about womb-livers – fetuses are what they have always been: Expectancies (not expectations). An expectancy, like winning the lottery, is something that might happen, or not.
That has been the public policy of all the individual states in the United States of America. Expectancies have made fetus law uncomplicated: Fetuses are expectancies and give them no more thought; they have no rights whatsoever. This status must change because if fetuses are to be protected, the public policy of the states must change. After all, public policy, reflected in the status of the current state statutes nationwide, is the will of the American people. To leave fetuses as expectancies in all the states, that is no public policy. It is neglect; it is careless; it is reckless; it is abusive. It allows fetuses to be murdered and injured in hundreds of ways with no penalty or compensation. If fetuses are to be protected, each state must act now!
The United States Supreme Court is on its way to the rescue – change a millennium of Anglo- American jurisprudence without a thought, without a analysis and without a spec of knowledge. The legal precedent of expectancies began when the Duke of Normandy, grabbed a girl from the field (a daughter of a leatherworker) and forcibly impregnated her with William. It was a complete surprise because no one expected that illegitimate child to grow up to become William the Conqueror of England of 1066 fame.Thereafter, that expectancy, William, was known as The Bastard. William also shows that expectancies can illegitimately grow up well. Moreover, it shows marriage and criminal laws might need changing to increase the gene pool of persons that society must tolerate to produce the best stock.
I hate to lose the present precedent about expectancies, through actions by an activist, unthinking, emotional court that does not respect tradition, customs and ancient laws. The floodgates of court involvement in fetus rights are about to open and become enforceable throughout the U.S.A. It’s big money for litigation lawyers and butt-sitting transactional guys. Chaos in the courts will bring a new world.