QuestionQUESTION: If a legal abortion is performed and the fetus is born alive(common law defection) healthy can the doctor put it in a incubator? The doctor expects the baby to make a full recovery but will have to stay in the hospital for several months. The doctor says that he will not kill a healthy baby.
The problem is that age of fetus, is not considered a person under Indiana law, but is under common law. The Born-Alive Infants Protection Act of 2002 might not apply in this case because there is no interstate activity under US federal law.
ANSWER: Hello, webmaster,
I repeat: Why are you asking me these questions? You have demonstrated that you are capable of finding the answers for yourself. So why the inquisition?
To answer this question, the federal government routinely enforces federal law where seemingly there is no interstate commerce involved. But if the hospital or abortionist purchase any supplies from across state lines, the federal government will go after them for violation of federal law under the Commerce Clause.
The Supreme Court FEDERALIZED issues concerned with abortion through Roe v. Wade and Doe v. Bolton. The result is that if the states don't want the abortion issue federalized, they need to take it back. They need to refuse to enforce Roe under the 9th and 10th amendments. They need to restore their laws making abortion a crime. Until that happens, your argument that the Born-Alive Infants Protection Act is bogus; the states are perfectly free to enforce the Act, and the federal government is free to enforce it.
And yes, if a baby is born alive, he or she MUST be placed in a life-sustaining environment, including an incubator if necessary. This is both federal law AND natural law.
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QUESTION: If the baby is born alive and is not placed in a life-sustaining environment and dies, what happens when a person reports to the FBI, and asks the FBI to start a federal investigation. Can the mother still regain custody of her child, if the child is released from the hospital a few months later?
AnswerHello, Webmaster,
I repeat: why the grilling? You have shown you can find answers to your questions for yourself. I'm not here to do your homework for you, and I really don't have time to do your homework.
I'm not sure I even understand your question. Are you asking if the baby dies, can the mother get the remains? The child won't be released from the hospital if he's dead.
If the mother tried to get an abortion and the baby survives, I am not aware that there is any uniform law about whether she can regain custody anywhere. I think it would end up in court.
Now before you ask any other questions, please explain your reason for wanting me to answer all these questions.
