Kathryn, It would be informative to ask Sen. Obama whether this case makes him recognize the slippery slope of his rationale for voting against the Induced Birth infant Liability Act . He maintains that a baby outside of the womb cannot be conferred personhood and, thus, Fourteenth Amendment protection, if the baby was supposed to die through abortion. Withholding medical care from the baby speeds its intended demise.
If, as here, the baby is going to die anyway, are the woman’s actions (speeding its demise) appreciably different from those of the abortionist? Is personhood a function of not having been the object of an abortion? Does Sen. Obama believe that common law rescue doctrine is inapplicable to infants who survive an abortion? Is the distinction only one between active and passive measures to bring about the baby’s demise?
Certainly,the cases are distinguishable. But not enough that Sen. Obama can rationalize his vote without cosmic incongruencies.