Alabama Supreme Court Ruling Could End Legal Abortion in America.

In a case unrelated to abortion, the Alabama Supreme Court rendered a decision that could topple the legal spires of unholy abortions here in the United States.

The case involved Sarah Janie Hicks who used illegal drugs while she was pregnant.  After her baby was born, the infant tested positive for drugs and Hicks was charged with a crime and ended up pleading guilty to violating Alabama’s chemical endangerment statute.  Her conviction was challenged and ended up before the Alabama State Supreme Court on the basis that the term ‘child’ did not include the unborn.

In an 8-1 decision, the court upheld the conviction of Hicks.  Chief Justice of the Alabama Supreme Court, Roy Moore wrote in his concurring specially part of the ruling (excerpts below taken from full document):

“I concur with the main opinion and with Justice Parker's concurring specially opinion, which rightly notes that ‘[b]ecause an unborn child has an inalienable right to life from its earliest stages of development, it is entitled ... to a life free from the harmful effects of chemicals at all stages of development.’ ___ So. 3d at ___. I write separately to emphasize that the inalienable right to life is a gift of God that civil government must secure for all persons—born and unborn.”

“I. Our Creator, Not Government, Gives to All People ‘Unalienable’ Natural Rights.”

“According to our Nation's charter, the Declaration of Independence, the United States was founded upon the ‘self-evident’ truth that ‘all Men are created equal, [and] that they are endowed by their Creator with certain unalienable Rights.’ Declaration of Independence, ¶ 2 (1776).  Denominated in the United States Code Annotated as one of the ‘Organic Laws of the United States of America,’ the Declaration acknowledges as ‘self-evident the truth that all human beings are endowed with inherent dignity and the right to life as a direct result of having been created by God. When it was signed by our Founding Fathers in 1776, the Declaration returned to first principles of God, His law, and human rights and government…”

“In its views of law and life by the most influential legal treatise of the time, Sir William Blackstone's Commentaries on the Laws of England (1765). See, e.g., District of Columbia v. Heller, 554 U.S. 570, 593-94 (2008) (recognizing Blackstone's work as ‘the preeminent authority on English law for the founding generation’ (quoting Alden v. Maine, 527 U.S. 706, 715 (1999))). Blackstone recognized that God's law was superior to all other laws:

"This law of nature, being co-eval [beginning at the same time] with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this ...."

“Therefore, as stated by James Wilson, one of the first Justices on the United States Supreme Court: ‘Human law must rest its authority ultimately upon the authority of that law which is divine.’…”

“II. The Right to Life is an ‘Unalienable’ Gift of God.”

“The first right listed in the Declaration as among our unalienable rights is the right to ‘Life.’ Blackstone wrote that ‘[l]ife is the immediate gift of God, a right inherent by nature in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother's womb.’"…

“God's creation of man and woman in His own image, Genesis 1:27 (King James), together with the divine command, ‘Thou shalt not kill,’ provides the baseline for the right to life. See Exodus 20:13 (King James). Exodus 21 provides express protection for the unborn: where fighting men ‘hurt a woman with child, so that her fruit depart from her ... [a]nd if any mischief follow, then thou shalt give life for life.’ Exodus 21:22-23; see id. (requiring that if ‘no mischief follow’ then the offender must pay a fine). Both testaments attest to the sanctity and personhood of unborn life. See, e.g., Psalm 139:13-15 (‘For you formed my inward parts; you knitted me together in my mother's womb. I praise you, for I am fearfully and wonderfully made. Wonderful are your works; my soul knows it very well. My frame was not hidden from you, when I was being made in secret, intricately woven in the depths of the earth.’); Luke 1:44 (Elizabeth declaring that ‘the babe leaped in my womb for joy’)…”

“III. All Governments Must Secure God-Given Rights.”