New information on a story we've been following since february ... the attorneys for the alabama women's center filed a motion recently to dismiss a lawsuit filed against them by a north alabama man and his aborted fetus ... thanks for joining us tonight.
I'm dan shaffer.
And i'm najahe sherman.
Waay 31's sarah singleterry heard from both sides tonight.
She joins us live now outside the madison county courthouse with an update on where the case is now and what's next ... ryan mager's story is getting a ton of attention not just here in north alabama but nationwide ... his attorney told us ryan is turning down interviews with national news media ... and from here out he's not doing any more t-v interviews at the request of his employer ... but i was able to sit down with his attorney today to learn more about how they plan to move forward with this case ... nearly two months after ryan magers filed a suit against the alabama women's center for his ex-girlfriend's abortion ... the attorneys for huntsville's only abortion clinic responded by filing a motion to dismiss ... brent helms "we anticipated what they would file and were prepared for it, so now we just have to prepare for court."
In the motion ... the women's center's attorneys argue no laws were broken when magers' ex-girlfriend aborted the fetus referred to as baby roe ... i reached out to the attorney's representing the women's center ... sara tucker ... who's based out of atlanta ... sent me this statement ... it says in part quote ... "while some fringe groups hope to push healthcare for women, including abortion care, out of reach in alabama, the law in alabama and the united states is clear - abortion of a six week embryo is legal, constitutionally protected, and does not give rise to civil liability."
End quote ... helms response ... it all comes down to whether baby roe is a person ... bh "if baby roe is a person and personhood is granted, which in this case it has been, then baby roe posses a 14th amendment right to equal protection under the law."
Helms is referring to a madison county probate judge's decision to allow an estate to be opened for baby roe, recognizing the fetus as someone with legal rights.
And, he says, there's precedent in alabama that recognizes an unborn fetus as a person ... he's arguing that if an unborn fetus is considered a person when a pregnant woman's fetus is killed in a car wreck or a pregnant woman is murdered and the fetus also killed ... that fetus should also be viewed as a person in the case of an abortion ... bh "it's either an unborn child is a person or an unborn child is not a person.
What we have is in congruent in the state of alabama.
We say we recognize the person hood of unborn children in certain circumstances but not all circumstances."
The hearing on the motion to dismiss this case is scheduled for july 24th here at the madison county courthouse ... helms told me whatever the outcome ... an appeal will likely be filed either way live in hsv ss waay 31