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Tuesday, February 21, 2012

Alabama Court's Wrongful Death Ruling Used To Recommend Abandoning Roe 'Viability' Argument

Life groups are hailing an opinion by an Alabama Supreme Court justice who argued that it's time to abandon the viability standard used in Roe v. Wade because medical breakthroughs -- backed by case law and legislation -- have shown a fetus is only as viable as the technology monitoring it.

The opinion by Judge Thomas Parker was issued Friday in the case of a woman who sued her doctors for wrongful death when her baby died in the womb while only three months in gestation.

The Alabama Supreme Court threw out a DeKalb Circuit Court summary judgment in favor of the defendants that held the wrongful-death action could not be maintained because the unborn child was not viable.

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