overturned any other way, the states will regain the ability to decide the abortion issue, one by one.â
âI reiterate. I donât give a damn!â
He glared and kept talking. âOkay, fine, but if the court gives you guardianship, it will have larger implications. Even if the judge decides against us, we can appeal it. Which will buy time. And if it fails in appeal, we can go all the way up. We can ask for a writ of certiorari.â
âA what?â
âA writ of certiorari, a cert petition. It means weâre asking the Supreme Court to review a lower-court decision. If the Court gives you guardianship, the United States government would, in essence, grant a fetus personhood, then all fetuses would have rights as persons. And any action that destroys a fetus would be considered a murder. Abortion would be outlawed everywhere .â
âThatâs a hell of a stretch, and all I want is to give this baby a chance,â I said.
âDo you remember the Scott Peterson case?â
âWhat the hell does any of this have to do with Elle?â
âBear with me. Do you remember it?â
I leaned back in the chair and glared at Jake. He was like this. Heâd go off on something, and in school Iâd walk out of the dorm room, but I didnât have that luxury now. âPeterson? The bastard who killed his pregnant wife? Sure,â I said.
âHe was convicted of killing both his wife and his unborn son. Afterward, Congress passed the Unborn Victims of Violent Crimes Act. It was a huge step forward because it protected the unborn. The authors of the bill were Pro-Life. Unofficially itâs called Laci and Connorâs Law.â
âOh, for Christâs sake. Dump the minutiae and get to the point.â
âI am. That law protects the unborn, and it gives us a legal leg.â
I grunted something innocuous, but equating what was happening to Elle in any way with the Scott Peterson case pissed me off. I wanted to stop this circus before the roustabouts started putting up the big top.
âIf we go for guardianship of the baby, we will get Pro-Life backingââ
âAnd if you try to make this about abortion, youâll bring down the opposition of the National Organization of Women, who are probably just as radical as the right-to-lifers. Youâre going to turn this into a circus.â My mother was a member of NOW. She was, for the most part, a reasonable person, interested in furthering opportunities for women, but there were a couple of hotheads in her chapter, ones who would, given the opportunity, boil abortion-clinic protesters in oil.
Jake sat there resolute, sneering at my mention of NOW. âThe Pro-Life movement is a humanitarian effort,â he said. âBut letâs not debate that one. Thereâs more. Using guardianship is a risky tack. Hereâs why. Thereâve only been two cases.
âThe first one in Florida involved all the hot-button issues: a mentally disabled woman and a rape. The State tried to gain guardianship of the unborn baby. Long story short, the appellate court denied appointing the State guardian on two grounds: one, the State had no standing, which is why I wanted you to assure me Elleâs baby is yours, and two, the Florida courts have no statutes, no laws on the books, to give a fetus a guardian.â
âSo the woman had an abortion?â I asked.
âActually, no. The case stalled long enough for the baby to be born. And Iâm willing to use the same tactic. Iâm a principled man, a man who goes to church on Sunday, a man who holds my faith as my priority, but Iâm also a realist, Matt. The State didnât win the battle, but they won the war. The baby livedââ He held up his finger. âOne baby, and Iâll take saving your baby. But the larger issue here is that a ruling that gives you guardianship could save more than a million children every year. Iâm very
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