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Boston Legal S04E12

10 Jul 2022

没想到第12集里面讲的案件就牵涉到最近很火的”Supreme court overruled Roe v. Wade”这个新闻。这个案子在美国真是历史悠久且富于争议。这个15年前的剧集里的一句台词: wouldn’t the current supreme court just love an opportunity to overthrow Roe without being vilified as antiabortion? 真是一语成谶

就不过多剧透了,关心这个事情的朋友都可以看一下。只列举一下触动我的台词和我的想法:

  1. 从法律的角度如何看待人体器官和生命(起源)

As a matter of law – today’s law – once the sperm, blood or tissue leaves the body, a person no longer has any proprietary right.

Under the law, Judge, there is no life here. She’s 5 weeks pregnant. At 5 weeks, there is no life recognized by the law

Mr. Shore is incorrect. The relevant case law goes only to viability. It makes no determination as to when human life begins. … But the only issue today is can the court invade the autonomy of her body.

  1. 律师如何从另一个角度绕过这个敏感的话题

My advice here would be to not think of it as the “a” word at all. Let’s just think of it as requiring this woman who flagrantly and deliberately defrauded my client, requiring her to simply take a pill, some medication. We do it all the time.

(优秀的律师真是人才,不把这当成堕胎而只是当成一种”治疗”。总能另辟蹊径找到突破点)

  1. 对方律师如何反驳(这句话真是太有力了)

I can’t speak as to when Mr. Shore had his last abortion

  1. 法院如何权衡道义和传统

And also under today’s law,you have no right whatsoever to get a court-ordered abortion. No court,including this one, is going to order an abortion.

(所以美国的法院从来没有判过一起强制女方堕胎嘛?这对比真是太强烈了)