"Our legal proposition can be summarized as follows: Roe established that a mother has an unfettered constitutional right to decide if the fetus will continue to exist beyond the first trimester. Roe stands for the principle that a fetus does not have a legal right to exist in the first trimester. Since the fetus has no legal right to exist during the period prior to viability, third parties cannot owe a duty of care to the fetus during that time period. As there is no way to reconcile wrongful life claims with federal constitutional law with respect to the duty owed to a fetus, federal constitutional law prevails, rendering wrongful life claims unconstitutional and invalid."
January 1, 1970