Originally posted by Imran Siddiqui
View Post
[The court] should not overturn the long-standing rule in Colorado that the term ‘person,' as is used in the Wrongful Death Act, encompasses only individuals born alive. Colorado state courts define ‘person' under the Act to include only those born alive. Therefore Plaintiffs cannot maintain wrongful death claims based on two unborn fetuses.
They didn't make a moral or doctrinal argument. They argued the definition under applicable law.
What this case does do is illustrate one part of the can of worms opened by fully defining legal personhood to go all the way back to a clump of cells that haven't even implanted in utero.
Comment