Anti-Choice Rhetoric & Amicus Curiae Briefs
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The purpose of this chapter is to compare analyses of so-called pro-life (antichoice) rhetoric with the content of antichoice amicus curiae briefs filed with the U.S. Supreme Court. The plan of the chapter will be to identify Right to Life (RTL) advocacy positions and then discuss how RTL rhetoric in briefs reflects or departs from the rhetoric of advocacy more generally.Three amicus briefs from antichoice advocacy organizations in Roe v. Wade will be considered, identified as RA, RB, and RC, respectively. RA is the product of the National Right to Life Committee (NRLC), which describes itself as "a non-sectarian, interdisciplinary organization that is committed to informing and educating the general public on questions related to the sanctity of human life" (RA 491); RB is the product of Certain Physicians, Professors and Fellows of the American College of Obstetrics and Gynecology, a segment of the College holding views different from those of the organization per se; RC is the product of an organization described as Americans United for Life. Five amicus briefs will be considered in Webster v. Reproductive Health Services, identified as WA, WB, WC, WD, and WE, respectively. WA is from the NRLC. WB and WC are noteworthy because filed by government entities, WB by the Solicitor General of the U.S. Department of Justice and WC by the Louisiana Attorney General. WD is product of the Catholic Church affiliate men's organization Knights of Columbus; WE is product of a coali
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n's observation that the majority opinion in Roe entailed selective use of arguments that tending to support its conclusion (Hagan 192), which he sees as evidence of a rhetorical agenda. The same can be said for certain RTL argumentation. RB's analogy between property and fetal life rights leaves out the fact that rights of unborn heirs historically become relevant only once the heirs are born. WE's logical equivalence of fetal and infant life is silent on the fact that no religious or secular institutions in the culture make a project of funerals for either miscarriages or aborted fetuses. Nor can RTL argument acknowledge a body of scientific observation demonstrating that "social recognition of fetuses, newborns, and young children is embedded within a wider social context" (Morgan 28), i.e., that the question of where life begins is a construction of social psychology, not of science or logic. Among the Australian Arunta, for example, premature neonates are not considered to have human (Kuruna) but animal spirit. Among certain African peoples, anything except one perfectly formed newborn (e.g., twins) were historically regarded with suspicion. Elsewhere, deaths of any who cannot or do not contribute to the community in some w
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Approximate Word count = 4142
Approximate Pages = 17 (250 words per page)
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