"I urge the Supreme Court of the United States to reconsider the Roe exception and to overrule this constitutional aberration," wrote the Alabama Supreme Court judge, and recommended that the Court "return the power to the states to fully protect the most vulnerable among us."

The case came before the Alabama Supreme Court when Jessie Phillips, a man convicted of murdering his wife and their pre-born child, appealed his conviction arguing that he shouldn't receive the death penalty because his 6-8-week pre-born child should not be considered a person under Alabama law.

The Alabama legislature expressly enacted the "Brody Act" 12 years ago to protect pre-born babies.  Under the Brody Act, the definition of a "person" includes "an unborn child in utero at any stage of development, regardless of viability."  The Brody Act is consistent with numerous other sections of Alabama law which recognize the equal status of the child in the womb. In his powerful concurring opinion, Justice Parker noted that the old law was changed "with the expressed intent of addressing just the sort of double-murder of which Phillips was convicted."

The national significance of this case cannot be understated, since the question of personhood has been the lynchpin to the so-called right to abortion, ever since Justice Blackmun erroneously wrote in Roe v. Wade that children in the womb are not persons and therefore not entitled to any of the fundamental constitutional protections.

Responding directly to Roe's flawed ruling, the Alabama Supreme Court unanimously ruled that "unborn children are persons entitled to the full and equal protection of the law." 

Justice Parker, one of the court's most vocal pro-lifers, wrote a separate concurring opinion specifically to emphasize how broadly and consistently the law and judicial decisions in Alabama and around the Country protect the rights of unborn children, and to contrast that with "the continued legal anomaly and logical fallacy that is Roe v. Wade." 

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