Floyd v. Anders In Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977), South Carolina attempted to prosecute a doctor for illegal abortion and murder after he attempted to abort an African American boy at 25 weeks. During the abortion, the boy was born alive and survived for 20 days before dying.The Root and Branch of Roe v. Wade by John T. Noonan Jr., Nebraska Law Review, Volume 63, Issue 4, Article 4, 1984, page 674, (page 8 of the pdf) His prosecution was blocked by Judge Clement Haynsworth, and shortly afterwards by a unanimous three judge panel for the U.S. District Court for the District of South Carolina. Judge Haynsworth, writing for the panel, stated "Indeed, the Supreme Court declared the fetus in the womb is neither alive nor a person within the meaning of the Fourteenth Amendment."Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977) at 539, justia.com John T. Noonan criticized this from an anti-abortion perspective, stating that "Judge Haynsworth had replaced the Supreme Court's test of potential ability to live with a new test of actual ability to live indefinitely. He also had spelled out what was implied in Roe v. Wade but never actually stated there. For the American legal systems the fetus in the womb was not alive."The Abortion Liberty by John T. Noonan Jr., Human Life Review, Summer 1979, Volume 5, Number 3, page 74 The standard in Roe for viability outside the womb required a "capability of meaningful life".Roe, 410 U.S. at 163; "Early death as a management option" became a medical practice for disabled infants; the practice was legally defended under the right to privacy. Early death for infants was considered "a late abortion" but became regulated by the Baby Doe Law. See To be liberal and pro-life; Nat Hentoff, Champion of 'Inconvenient Life' by Cathryn Donohoe, Washington Times, November 6, 1989, which discusses the journalism of Nat Hentoff. Without this capability, the state had no compelling "important and legitimate interest in potential life".
Floyd v. Anders In Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977), South Carolina attempted to prosecute a doctor for illegal abortion and murder after he attempted to abort an African American boy at 25 weeks. During the abortion, the boy was born alive and survived for 20 days before dying.The Root and Branch of Roe v. Wade by John T. Noonan Jr., Nebraska Law Review, Volume 63, Issue 4, Article 4, 1984, page 674, (page 8 of the pdf) His prosecution was blocked by Judge Clement Haynsworth, and shortly afterwards by a unanimous three judge panel for the U.S. District Court for the District of South Carolina. Judge Haynsworth, writing for the panel, stated "Indeed, the Supreme Court declared the fetus in the womb is neither alive nor a person within the meaning of the Fourteenth Amendment."Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977) at 539, justia.com John T Noonan criticized this from an anti-abortion perspective, stating that "Judge Haynsworth had replaced the Supreme Court's test of potential ability to live with a new test of actual ability to live indefinitely. He also had spelled out what was implied in Roe v. Wade but never actually stated there. For the American legal systems the fetus in the womb was not alive."The Abortion Liberty by John T. Noonan Jr., Human Life Review, Summer 1979, Volume 5, Number 3, page 74 The standard in Roe for viability outside the womb required a "capability of meaningful life".Roe, 410 U.S. at 163; "Early death as a management option" became a medical practice for disabled infants; the practice was legally defended under the right to privacy. Early death for infants was considered "a late abortion" but became regulated by the Baby Doe Law. See To be liberal and pro-life; Nat Hentoff, Champion of 'Inconvenient Life' by Cathryn Donohoe, Washington Times, November 6, 1989, which discusses the journalism of Nat Hentoff. Without this capability, the state had no compelling "important and legitimate interest in potential life".