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The United States Supreme Court made one critical error in their opinion when deciding Roe v. Wade in 1973: When they reached the question of protecting the life of the unborn child, they abdicated the question of whether that was actually a living person, with a right to life, by stating:
"We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.”
But, in fact, the law across the nation had already resolved this question, albeit from the back end. This was the law for officially determining when a person has died. It is presently on the books in Tennessee, and it states:
T. C. A. 68-3-501. Uniform Determination of Death Act. - An individual who has sustained either:(1) Irreversible cessation of circulatory and respiratory functions; or(2) Irreversible cessation of all functions of the entire brain, including the brain stem, is dead.
It is perfectly clear that, in existing law, there is an easy, legally consistent, standard for when a life has begun: When the circulatory system and brain have begun to function. It is logically inescapable that, if a human life has begun, purposely terminating that living person’s life is homicide.
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