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-- -- back in session on the docket today defining human life at the ballot box.
Voters in Mississippi today deciding on the State's controversial new proposition 26 also known as the personhood amendment.
And addition to the state constitution.
That would declare that life begins.
It would unequivocally ban all abortions.
But much much more potentially.
And now critics and supporters are wondering exactly how this would change -- -- in Mississippi tomorrow if it is passed today.
Joining me now Fox News legal analyst Mercedes colon and criminal defense attorney Joey Jackson.
So I want I want our viewers to know it's the question is should the term person.
Be defined to include every human being.
From the moment of fertilization.
Cloning or the equipment they're up from the moment -- fertilization.
And so what that means is as soon as the sperm.
Penetrates the -- even before implantation in the uterine wall.
That is -- -- that embryo is a person that has full rights under the constitution.
Mercedes what as a practical matter would that do.
Well it's so problematic even the doctors and Mississippi are saying wait a minute.
We got to lifesaving procedures that are now at -- They're women that with the topic pregnancy won't be able to have that remove that's when you get pregnant near you're outside you can't exactly or the -- pregnancy where bid cycle doesn't even.
Become a human being it becomes a tumor.
And had to be removed.
Both of those -- a life threatening to women build -- life threatening measures doctors that we can't now we can't do that what what else would be fan.
Certain types of birth control will be banned because that that interferes of the implantation the IAD prevents that fertilized egg from implanting -- -- well and the big one of the biggest issues too is it you're you're not you don't even know when you're pregnant really mean it's it's sort of an approximation.
There's it you're not medically detectable as a pregnant -- a woman until there's an implant patient -- that about a two week window from fertilization.
To implant patients how do you fourth that weren't out of there goes for -- drink doesn't know she's pregnant.
Now suddenly she she may be facing a criminal charge of of of endangering a minor because now with the percent.
And it's and it's a month personal money.
Joey you know -- mean.
In bit there's there's they're talking about whether this amendment is is clear on whether.
An abortion what.
Would be allowed it to save the life of a mother that hasn't been as controversial even among you know pro lifers and pro choice or the health of the mother that's been.
Controversial but to save the life of the mother I mean it at that that makes no sense if you don't -- the life of the mother the little embryo is going to die too.
No question about it -- -- there's no question that this would be problematic in many respects however legislatures will do what they always do.
Once the proposition passes and let's be clear Mississippi like any other state has states' rights and they could do whatever the voters decide.
Interestingly it's split down the middle in terms of the support what half the population wanting -- -- not we'll see at the end of the day end of today actually what ends up happening but what they'll do what the.
He's gonna happen now like for example take take take I mean I know it's divided about what happened legally how are they going to.
In -- this you've got it it will ban also -- yes.
Pregnancies on Sunday night when -- -- and that's firm unite the Petri dish and then you went in -- -- the little leg that the and the fertilize.
The embryo that's in the Petri -- those.
All have constitutional rights now you are they wide and no question it would create complex city however when I think what happened is there would be a task force as is always -- -- -- every law as we know and all of us the lawyers.
There are exceptions to every rule so of course I don't foresee.
That for example people who walk hat are pregnant then the baby can't vote is the person I can't vote I don't think they can't be considered for re -- as -- -- -- Yeah they're here -- bizarrely that is one of the question they're asking -- lately is that do you count the you know.
Week old embryo inside the mother as -- as a resident of that city for purposes -- re just you are anime.
Yeah that's that's the absurdity of the -- -- there's this window they don't know exactly what to do let me.
Frankly in forcing the flow would be almost chilling possible.
Because like I said there's that two week window when you don't even after pregnant or not and of course it'll affect the politics -- affect how the medical care of the women it'll affect birth control measures only.
But I got a look at an average a -- -- what John Roberts reported earlier.
This -- -- -- -- you know it's it's close at an -- talk about as a practical matter right after the break.
How this would set up other states who are inside eight abortion.
It get on with their legislation that's next.
-- -- my question now do you guys is if this passes in Mississippi as a constitutional.
Is it likely to be passed as such in other states as well Mercedes.
While -- so there's lots of movement there are some states are -- Florida is one of them it's looking at this particular proposal to do something very similar in their state.
What it does though -- certainly going to be a lot of legal challenges a lot of folks are saying it's gonna go way all the way up to the US Supreme Court how challenge roe vs -- how how do you get up to the US Supreme Court on that's -- How very easily because -- -- -- meg impressive response to the question of course they'll be other states that follow suit that think that this is.
You know maybe got an idea that they can put forth with the voters and if the vote is past that then you deal -- -- -- -- and the other -- now -- have all kind of challenges this implicates.
Most basic constitutional rights.
Eight writes this Friday's supreme courts are the ultimate arbiter of this -- cons on -- on my -- yes unless it affects some right right that -- federal -- to the right to privacy that we have under the due process clause of the fourteenth amendment to the United States constitution is implicated here so the argument would be mega -- though it is a state issue as many local issues and -- if you talk ultimately would emanate to the United States Supreme Court because it -- -- implicates the other.
Question I have Mercedes -- that is is canned -- will people be able to challenges for vagueness because -- your four against this law.
It's cake I mean -- I don't unconstitutionally vague but this bait so definitely Kennedy challenge even though it's a constitutional amendment -- on -- -- It can be -- for vagueness it also can -- -- saying that it is it is unconstitutional to the federal rights that were given to folks under roe vs way.
Which said that life began at third trimester which is why banned abortion in the third trimester and allowing.
Individual women to have abortions prior to the third trimester so.
They can bring that case under under that.
Joey is this the wave of the future -- -- hopes to have not been able to get satisfaction at the federal level when it comes to abortion.
To go state by state and change state constitutions in this manner.
You know I absolutely say it I mean you you know you -- -- -- does this we can now indicted immigration what are they saying Wright State to saying the federal government's not doing anything on immigration to -- to have to take it in our hands now to you have different states every state of the sovereignty they elect their -- govern.
And they can push and I got to look at -- about but Vick and they push let's say this get passed tomorrow.
Can they push with a legal challenge to postpone it from being an ankle earlier they'll issue injunctions -- go to court right away to talk about vagueness that you cited negative talk about it's not in America again like right away tells -- -- guys got to go up next.
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