Protecting Pre-Viable Unborn Children

The Alabama Supreme Court stood up for life on Friday. In the case of Hamilton v. Scott the court ruled a mother may pursue a wrongful death claim. The mother, Amy Hamilton, is making the claim on behalf of her pre-viable unborn child. The suit was filed against multiple doctors and a medical group, claiming the failure of the physicians to provide proper medical intervention resulted in the death of the child. Experts have agreed that the child was at a pre-viable state of pregnancy. According to the experts consulted, the child would have died if born at that stage of Hamilton’s pregnancy.

In a press release from the Liberty Counsel, Founder and Chairman Matt Staver said, “From the moment of conception and at all stages of development in the womb, the unborn child is a human being.” Alabama Justice Tom Parker, along with three other Justices, issued a special concurring opinion. Parker noted that Roe v. Wade does not prevent the ruling, citing the fact that viability is arbitrary and changes based on current medical technology. Justice Parker stated, “Roe’s viability rule was based on inaccurate history and was mostly unsupported by legal precedent. Medical advances since Roe have conclusively demonstrated that an unborn child is a unique human being at every stage of development.”

In addition to his comments on Roe v. Wade, Justice Parker referred to the prior ruling of the Alabama Supreme court in the case of Wolfe v. Isbell, which resulted in the court writing “that from the moment of conception, the fetus or embryo is not a part of the mother, but rather has a separate existence within the body of the mother.” Justice Parker concluded his comments by stating “Roe’s viability rule is neither controlling nor persuasive here and should be rejected by other states until the day it is overruled by the United States Supreme Court.” According to the Justice, the rights of unborn children have been acknowledged in wills and estates, tort or criminal law, and more. Parker believes Roe is our out step with all other areas of law.

Matt Staver stated, “I applaud Justice Tom Parker’s clear and well-reasoned concurring opinion, which conclusively shows that Roe v. Wade’s viability rule does not apply, was based on flawed legal reasoning, and is undermined by advances in medical technology. The life expectancy of Roe is limited and is being undermined by every other area of technology.”

The Liberty Counsel defines itself as “an international nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.” You can found out more about Liberty Counsel at

One thought on “Protecting Pre-Viable Unborn Children

  1. I was the victim of a saline abortion or one like it back in 12/1951, and it was done at five months, and I am the smallest of triplets, two of us were left on the door step of the Edna Gladney home when we were only 1-2 hours old. both of us have physical birth defects, and live with them daily. I have never met either of my twin sisters, and at 60 yr of age, doubt I ever will. I was only 2 lbs, and 3 ozs, and 13 inches long, and have one lung, no small intestines and half of a large one, no ankle bones or heals of either feet, I have had to have 22 surgeries on my feet in order to walk. I am minus some vertabrazes in my back and my back hurts me constantly, my teeth fell out due to no calcium, need dental implants badly, but no money, tired of  being the blunt end of bad jokes cause of the way I look and eat, and smile…. I was adopted on jan.5,1952 and weighted in at 4 and 1/2 lbs. was very sickly as a child, adopted parents had around the clock care of me during my first two years od life. I now have severe asthma, and people whom smoke, can put me in the hospital with their smoke, I was a baby, not a trash can thing…..I want my story told, and the sooner the better, please. you can reach me at ( 254-340-3739 ) or my email ( [email protected] ) and I now live in the Benbrook, Tx., area…….I have severe migraines due to the abortion…..Thanks, and God Bless the other survivors, Susan McCormick from texas….


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