Just What Does Webster Mean?

Abstract

The Missouri law considered in Webster v. Reproductive Health Services has a preamble that states the life begins at conception. However if this is the case then there are tremendous implications that must be considered. The case of Unnamed, unknown fetus of Farrar v. John Ashcroft et al. involves a pregnant women convicted and imprisoned who is claiming that her fetus's constitutional right to due process has been violated and that is has been imprisoned without trial. Anti-abortion activists do not believe that the illegal incarceration argument is valid. Age is another issue up for re-definition. If the law holds then age should start being measured at conception and not birth. This would make everybody in Missouri 9 months older. Many privileges in our society are based on age: social security, drinking, driving, military service or eligibility for public office. Currently the breadth of the preamble has not been finalized in the Missouri courts. However, courts have already accepted "necessity defense" and acquitted prolife demonstrators for trespassing at abortion clinics. The court cited the preamble when it wrote that the trespassing violations were necessary as an emergency measure to avoid the death and maiming of unborn children. For now it is up to the courts to decide how this law's preamble will affect Missouri law.