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Judge cites Laci Peterson law in fighting pregnant woman's deportation

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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 11:55 AM
Original message
Judge cites Laci Peterson law in fighting pregnant woman's deportation
Judge cites Laci Peterson law in fighting pregnant woman's deportation

KANSAS CITY, Mo. (AP) — A federal judge presiding over the case of a pregnant woman fighting deportation to Mexico cited a law enacted after the deaths of Laci Peterson and her fetus to keep the woman in the United States.

Myrna Dick, 29, of the Kansas City suburb of Raymore, is five months pregnant and married to a U.S. citizen. Senior U.S. District Judge Scott O. Wright ruled Thursday that the couple's unborn child was also a U.S. citizen and thereby entitled to legal protection.

In rejecting the federal government's request to lift a temporary stay granted April 30, Wright cited the Unborn Victims of Violence Act of 2004, which grants unborn children equal protection under the law.


http://www.courttv.com/news/2004/0528/deportation_ap.html
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justjones Donating Member (596 posts) Send PM | Profile | Ignore Fri May-28-04 12:03 PM
Response to Original message
1. And so it begins.....
The fight to outlaw abortion.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 08:06 PM
Response to Reply #1
14. Yep that is where all of this was heading
Naming a fetus is as FU'ed up as it is disturbing.

I finally heard someone say the obvious- that one picture of Laci Peterson's smile is the only reason that this has garnered any attention. It happens often (unfortuneately) but they got the perfect situation to, dare I say, politicize it.
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Book Lover Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 12:13 PM
Response to Original message
2. So there are benefits
to being a container. Thanks for reducing us women to a living ziploc baggie (as long as we've got something inside).
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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 01:10 PM
Response to Reply #2
4. Ah, but wait - once the baggage is gone, the container will be disposable
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Book Lover Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 01:20 PM
Response to Reply #4
6. Exactly (nm)
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FlaGranny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 12:48 PM
Response to Original message
3. I doubt the folks
who wrote the law were looking for THIS result.
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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 01:11 PM
Response to Reply #3
5. No, they would have been looking for complete fetal personhood
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FlaGranny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 04:32 PM
Response to Reply #5
8. Indeed, but their first
step had an unintended consequence. I'm sure that they had no idea an illegal alien might get to stay here because of it.
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damnraddem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 03:40 PM
Response to Original message
7. Uh, judge, you should check the Constitution on that:
a citizen of the U.S. becomes such at BIRTH. A federal law cannot over-ride the Constitution.
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DaveSZ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 04:37 PM
Response to Reply #7
9. Bah, this is the most stupid law imaginable
Edited on Fri May-28-04 04:39 PM by DaveSZ
Is there any way this law could be struck down by the Supreme Court/?

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roach23 Donating Member (42 posts) Send PM | Profile | Ignore Fri May-28-04 05:01 PM
Response to Original message
10. this is total BS
There is nothing in the law that says a fetus is a citizen.

http://thomas.loc.gov/cgi-bin/query/D?c108:5:./temp/~c108wqWioC::

It says that if a pregnant woman is assaulted and the assault results in termination of the pregnancy, then the perpetrator can be charged with murder.
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newyawker99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 07:59 PM
Response to Reply #10
13. Hi roach23!!
Welcome to DU!! :toast:
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zanana Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 05:06 PM
Response to Original message
11. So, any woman can come to this country.,
get pregnant, and stay here?
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zanana Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 05:07 PM
Response to Reply #11
12. At what point does a fetus qualify for citizenship....
At conception? After all, if it's legally a person and not a fetus, it's an American conception.
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rocktivity Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-04 09:01 PM
Response to Original message
15. If she's married to a U.S. citizen, what's the problem?
Edited on Fri May-28-04 09:04 PM by rocknation
Is her marriage not legal because she was in the U.S. illegally?

:headbang:
rocknation
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loathesomeshrub Donating Member (669 posts) Send PM | Profile | Ignore Sun May-30-04 11:25 PM
Response to Reply #15
16. No apparently she broke a law by claiming to be a US citizen,
when she was only a legal resident! How stupid. She is married to a citizen and her child will be an American. I am happy that they are using this law to prevent her deportation. Maybe she had left her green card somewhere, or something totally silly like that.
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