[National Review] In upholding a lower court’s fetal-homicide ruling, Alabama Supreme Court justice Tom Parker urged the U.S. Supreme Court to address the "logical fallacy" he believes is inherent in the landmark 1973 Roe v. Wade decision, which established a constitutional right to abortion.Jessie Livell Phillips, who was sentenced to death after being found guilty of a double homicide for killing his pregnant girlfriend, appealed the decision, arguing that the fetus was not legally a separate person, and that he should thus have been charged with one count of homicide instead of two.
The Court, however, rejected Phillips’s appeal, finding that he was indeed guilty of killing "two or more persons" per a 2006 Alabama law that extended personhood to children in utero.
As part of his concurring opinion, Parker wrote that it is a "logical fallacy" for the state to treat a fetus as a separate person subject to equal protection for the purposes of charging Phillips with a double homicide, while making an exception in the case of a woman seeking an abortion.