Here is a link to an article on a recent decision by the Alabama Supreme Court in which Justice Parker critiques Roe’s viability standard. http://blog.al.com/breaking/2012/02/alabama_supreme_court_justice.html The Alabama case did not involve abortion. The case dealt with how to interpret Alabama’s wrongful death statute. Justice Parker’s decision notes the anomaly between how the unborn is treated in different areas of the law. In commenting on the decision, Profesor David Smolin stated: “It is philosophically, morally and ethically problematic to consider a human as a person for some things and not for others,” Smolin said. “It makes us uncomfortable with elective abortion. The more places where the law puts them as a human person, the more it makes us think about what we are doing on abortion.”
Here’s a link to the opinion. http://www.liberty.edu/media/9980/attachments/opinion_sct_al_roe_v_wade_viability_standard_021712.pdf
Richard M.