Samples of RTL legal points-(edited)– – written byRobert J. Winnemore – Attorney at law
1 – Abortion Is Death, Not Reproductive Health Service
2- The Baby In The Womb Has the Right To Reproductive Health Service
In Being Born Alive And Healthy
3 – The Right To Life Is A Basic Human Right That Exists Outside Of Any Document
4 – The Taking Of Innocent Human Life Is A Crime Against Humanity And Any Statute Which
Facilitates It Is Null And Void
5 – The State Attorney General Has The Parens Patriae Responsibility To Protect The Lives
6 – The Moment Of Creation Is The Moment Of Conception
7 – The Right To Life From The Moment Of Creation Is Self-Evident,
Creator Endowed And Inalienable And Does Not Depend On Any Document
8 – The Baby’s Right To Life Attaches at the moment of Conception
9 – The Baby’s Right To Privacy Attaches At The Moment Of Conception
10 – The Right To Privacy Gives No Right to Kill
11 – The Mother Has No Paramount Right To Life Over That Of The Baby
12 – The Baby Is A Person At The Moment Of Conception
13 – The Baby’s Right To Equal Protection Of The Laws Attaches At The
Moment Of Conception
14 – The Baby’s Right To Due Process Of Law By Both The Federal And State
Governments Attaches At The Moment Of Conception
15 – The Baby’s Civil Rights Attach At The Moment Of Conception
16 – The Common Law And The U.S. Constitution Are Based On God’s Law
1 – Abortion Is Death, Not Reproductive Health Service
Abortion is death. It is the taking of innocent human life. It is not a reproductive health
service. That part of the statute, …, which purports to include abortion to kill the baby as a
reproductive health service is null and void. Health means to stay alive and well. Death is the
very opposite of health. Reproductive health service means for the baby to be born alive and well.
It can never mean the intentional death of the baby. It can never mean death by the abortion of
the baby. That part of the statute, …, which seeks to include death by abortion as a reproductive health service is
null and void…… as a violation of the baby’s right to life from the moment of conception
2- The Baby In The Womb Has the Right To Reproductive Health Service
In Being Born Alive And Healthy
The baby in the womb wanting to be born isobviously seeking the reproductive health
service of being born alive and well since every living being seeks its own survival and
self- preservation.…. The baby has the self-evident, Creator-endowed, inalienable right to life starting from the
moment of conception, which is the moment of creation.
The baby in the womb, from the moment of its conception, is a person, as it’s DNA code
locks in and defines its characteristics for life in the microsecond when the male sperm of 23
chromosomes united with the female egg of 23 chromosomes, making a human person of 46
chromosomes. Roe v. Wade, 410 U.S. 113 (1973), and Doe v. Bolton, 410 U.S. 179 (1973), and
their progeny requiring the baby to reach its seventh month to be considered a person are wrong.
Those cases were only based on the old quickening cases as to when the mother felt the baby’s
first kick. We know now, with sonograms, that the baby is moving and kicking long before the
mother feels it. The later cases, requiring the baby to reach the stage where it could exist outside
the womb, are likewise erroneous as even a natural born baby cannot exist outside the womb
without being constantly fed, nurtured, kept warm, and cared for, for its existence to continue.
The operative moment is when the sperm meets the egg at the moment of conception, the moment
of creation when the 23 chromosomes of the sperm unite with the 23 chromosomes of the egg
and the new person’s DNA code locks in, and defines it as a person unique from all other persons,
which DNA code exists long after that person’s death.
As it is self-evident that all men are created equal, the self-evident, inalienable, Creator
endowed right to life attaches at creation. Moreover, the baby in the womb has the right to life
contained in the U.S. Constitution, as the Preamble states that the U.S. Constitution was created
to provide for the common defense and secure the blessings of liberty to ourselves and our
posterity, and common defense means the defense of life, and so there must be a right to life for it
to be defended and common defense includes the defense of baby in the womb, and it specifically
mentions posterity, which includes the baby in the womb, and you can’t have liberty without being
alive to enjoy it, so the baby in the womb has the right to life from the moment of conception,
under the Preamble of the U.S. Constitution, and this right to life in the Preamble attaches at
creation, as it is self-evident that all men are created equal. In addition, the baby in the womb has
the right to life implied in the rest of the U.S. Constitution, for you must be alive to have the
rights enumerated therein. It cannot be said that the baby in the womb cannot, for if the right to
life cannot be implied from the rest of the U.S. Constitution, then the right to privacy cannot be
implied, and Roe and Doe must fall. This right to life in the balance of the Constitution attaches
at creation as it is self-evident that all men are created equal. The baby in the womb has an equal
right to privacy as the mother starting from the moment of the baby’s creation, as it is self-evident
that all men are created equal, so that at the moment of the baby’s creation it has equal rights as
the mother, including the baby’s right to life and right to privacy. The mother’s rights are not
paramount. The rights of both are equal at the moment of the baby’s creation. It is self-evident
that all men are created equal. Thus, Roe V. Wadewas wrong. The baby has an equal right to
privacy from the moment of creation. And the mother has no superior right to life over the baby,
so Doe v. Boltonwas erroneous. The mother cannot kill the baby for her own health and well
being. Each has an equal right to lifestarting from the moment of the baby’s conception, when
the sperm meets the egg. It is self-evident. Moreover, it is inalienable, and neither the mother nor
the U.S. Supreme Court can take it away. Doe v. Boltonwas erroneous. The baby has the right
to life starting from the moment of its conception. …
3 – The Right To Life Is A Basic Human Right That Exists Outside Of Any Document
As U.S. Justice John Marshall Harlan wrote in his dissent in Poe v. Ullman, 367 U.S. 497,
82 S.Ct. 1752, 6 L.Ed.2d 989, there are certain rights that are so basic that they need not be
mentioned in any document to exist. The right to life is one of those rights.
No statute can stand which facilitates the taking of innocent human life.That part of this
statute is null and void which facilitates that taking of innocent human life by abortion ..
4 – The Taking of Innocent Human Life Is A Crime Against Humanity And Any Statute Which
Facilitates It Is Null And Void
Babies in the womb areinnocent human life. They have committed no crime. They have
the right to life from the moment of conception, as it is self evident that all men are created equal,
So all rights attach at creation. Any statute which facilitates their being killed by purporting to
Prevent their defense starting from the moment of their conception, is null and void, as it
Facilitates a crime against humanity, and the taking of innocent human life.
.5 – The State Attorney General Has The Parens Patriae Responsibility To Protect The Lives
Common defense means defense of life. Common defense means the defense of others, not only
ourselves and includes the babies in the womb about to be aborted. The Preamble of the
Constitution specifically says “of our posterity”. This includes babies in the womband there can
be no liberty unless one is alive to enjoy it. Thus, there is a right in the U.S. Constitution to
defend the lives of the babies about to be aborted. No injunction or order …can thwart it.
Any attempt to do so is null and void.
6 – The Moment Of Creation Is The Moment Of Conception
The moment of creation of a human being is the microsecond when the 23 chromosome
Male sperm unites with the 23 chromosome female egg, the moment of conception, to make a 46
Chromosome human being. This is the microsecond, as Dr. Jerome Lejuene testified in the
Tennessee Frozen Embryo Case, Davis v. Davis v. King, d/b/a Fertility Center of East Tennessee,
No. E-14496, September 21, 1988 decision by the Circuit Judge W. Dale Young, Circuit Court
For Blount County, Tennessee at Maryville, Equity
Division (Div. I); and also in The State of New Jersey v. Alexander Loce, et.al., April 29, 1991
Decision by Judge Michael J. Noonon, Municipal Court of New Jersey, Law Division, Morris
County, Criminal Action, Docket No. c1771, et. seq., and in The City of Wichita v. Elizabeth A.
Tilson, No. 91 MC 108, July 20, 1992, Memorandum Opinion by Judge Paul W. Clark, in the
Criminal Department of the District Court for the Eighteenth Judicial District, Sedgwick County,
Kansas,when individual human life comes into existence. It is this micro second when the baby’s
DNA code locks in for life, and long after its life on this earth ceases, identifying it as a unique
individual, unlike any other.
Moreover, it is the law of this state as unanimously agreed in the opening pages of
Byrne v. NYC Health and Hospitals Corp. by all the Justices of the New York Court of Appeals that the
Moment of creation is the moment of conception.
7 – The Right To Life From The Moment Of Creation Is Self-Evident, Creator Endowed And Inalienable And Does
Not Depend On Any Document
We hold these truths to be self-evident (self-evident – not depending on any document)
That all men are created equal (at the moment of creation, the rights of all are equal) and are
Endowed by their Creator with certain inalienable rights (inalienable – no one can take them away,
Not another human being, not the U.S. Supreme Court, not any legislature; Creator-endowed –
Only God gives them, only God can take them away) that among these are the right to life (Creator-endowed,
inalienable right to life starting from the moment of conception, which is the moment of creation).
Our Nation was created on these words; they are the foundation of our nation’s existence. The war for
Independence from the British crown and the war that freed slaves was fought on them. They cannot be denied.
Lincoln said at Gettysburg,” Four score and seven years ago our fathers brought forth on this continent a new
nation Conceived in liberty, and dedicated to the proposition that all men are created equal,” These words are our
Nation’s raison d’être. They cannot be denied now.
8 – The Baby’s Right To Life Attaches at the moment of Conception
Since it is self-evident that all men are created equal, and self evident that all men are endowed by their Creator
with inalienable right to life, and all rights attach at the moment of creation, which is the moment of conception,
when The sperm meets the egg. Not only is the right to life from the moment of conception self-evident, but there
exists a Right to life in the preamble of the U.S. Constitution which states that the constitution was drafted to
provide for the Common defense and secure the blessings of liberty to ourselves and our posterity. Common
defense means defense Of life. Common defense includes the defense of the life of the baby in the womb.
Moreover, it specifically says to Secure the blessings of liberty to our posterity, so it includes the defense of our
posterity which includes the baby in the womb, and there can be no liberty without being alive to enjoy it, so it
includes the life of the baby in the womb. And since the Constitution provides for the defense of life, there must be
a right to life for it to be defended.
Thus, There exists a right to life in the preamble of the U.S. Constitution. Furthermore, there is a right to life
implied in the rest of the U.S. Constitution, for you cannot have the rights Enumerated therein unless you are alive
to enjoy them. So, there is a right to life implied in the U.S. Constitution. To deny this means that the right to privacy
implied in Roe v. Wadewould have to fall. Thus, the right to life comes from 3 sources: 1) it is self-evident, 2) it is
contained in the Preamble of the U.S. Constitution, and 3) it is implied in The balance of the U.S. Constitution.
Since it is self-evident that all men are created equal, all rights attach at Creation, including and especially the right
to life, the foremost right, without which you could have no others as Even Justice Oliver Wendell Holmes, in his
treatise “Natural Law”, agrees the rest of the world believes.
9 – The Baby’s Right To Privacy Attaches At The Moment Of Conception
Since it is self-evident that all men are created equal, all rights must attach at creation
This includes the right to privacy. Since the moment of creation is the moment of conception, the
Right to privacy attaches at conception. Since it is self-evident that all men are created equal, the
Rights of all are equal as soon as conception takes place. This means that the baby’s right to
Privacy in the womb is equal to the mother’s. This is self-evident, as all men are created equal.
Thus, the mother has no paramount right to privacy over that of the baby in the womb. Thus,
Roe v. Wadewas erroneous. The mother has no paramount right to privacy over the baby. The
Baby’s right to privacy is equal. So the baby’s life cannot be taken under a right to privacy where
The baby has an equal right to privacy.
10 – The Right To Privacy Gives No Right to Kill
There is no way that a right to privacy can give a right to kill. Even if the baby in the
Womb did not have an equal right to privacy, which it does, a right to privacy cannot be
Developed into a right to kill. So Roe v. Wadewas wrong on two counts. You cannot get a right
Kill from a right to privacy.Thus, there can be no right to an abortion under Roe v. Wade. Since
it is self-evident that all men are created equal, and the rights of all are equal at creation, and the
Creator-endowed inalienable right to life attaches at creation, and the baby’s right to life is equal
To the mother’s at creation, and the baby’s right to privacy also attaches at creation, and it is equal
To the mother’s at creation and no right to privacy can give a right to kill, there could have been
No abortion under Roe v. Wade.
11 – The Mother Has No Paramount Right To Life Over That Of The Baby
As it is self-evident that all men are created equal and endowed by their Creator with the
Inalienable right to life, the baby’s right to life at the moment of its creation is equal to the
Mother’s and is inalienable. The mother cannot take it away. The mother’s right to life is at no
time superior to that of the baby in the womb.
It is self-evident that all men are created equal. So the baby’s right to life is equal to hers
from the moment of the baby’s conception. Thus, Doe. v. Boltonwas erroneous. The mother
cannot take the life of the baby, even if her own life is in danger, because she has no paramount
Right to life over the baby. The baby has an equal right to hers starting from the moment of it’s conception. Thus,
there can be no abortion, either under Roe v. Wadeor Doe v. Bolton. There should be no abortion at all.
12 – The Baby Is A Person At The Moment Of Conception
When the 23 chromosome sperm meets the 23 chromosome egg, and a 46 chromosome
Human being comes into existence, it’s DNA code locks in that microsecond, defining all its
characteristics for the rest of its life and beyond – whether it is going to be tall or short, healthy or
sickly, or good at math or dim-witted. Its personhood is defined and locked in that microsecond,
and all that is left to be determined are the breaks in life that it will enjoy. That human being is a
Person from that microsecond on. It is a person from conception on. It does not have to wait
Until its mother feels its first kick. The concept of quickening in Roe v. Wadeis obsolete. With
Sonograms we see the baby moving around long before the mother ever feels it. It is kicking long
before she ever feels it. The baby does not have to be able to survive outside the womb to be
considered a person. Even a naturally born baby cannot exist outside the womb without constantly
being fed, kept warm, nurtured, attended to. So that concept is erroneous. The baby is
certainly a person once it is born and it cannot exist outside the womb at that point without
constant care, attention, feeding, warmth, etc.
As to whether a fetus is a person, William D. Popkin’s Materials on Legislation, Political
Language and the Political Process, Foundation Press, University Casebook Series, Westbury,
N.Y., 1993, states “…A significant majority of courts find a civil wrongful death remedy for death
of a fetus.”(p.460) If they can sue and recover, then they had the right to life.
Just as modern technology has made obsolete the original common law rule that it was
impossible to know whether a fetus inside the womb was alive at the time a vehicular accident
occurred, Commonwealth v. Cass, 467 N.E.2d 1324, (Mass., 1984), so modern technology has
made obsolete the notion that it is impossible to know when a human being becomes a person. It
becomes a person at the moment of conception when 46 human chromosomes, 23 from the
Sperm, and 23 from the egg, come into existence, and its DNA code locks in.
The baby is a person from conception when its 46 human chromosomes come into
existence, and its DNA code locks in, making it unique from all other individuals forever. So the
concept of quickening in Roe v. Wadeand being able to exist outside the womb is obviously
erroneous. What is left for Roe and Doeto stand on? Nothing. The right to life attaches at
conception and it is equal to everyone else’s right to life. For the purposes of the U.S.
Constitution which speaks of personhood, the baby is a person at the moment of it’s conception,
When 46 human chromosomes, 23 from the sperm, and 23 from the egg, come into existence,
And its DNA code locks in and makes it a unique individual, different from all other individuals
forever. DNA proves that the baby before its birth and after, from the moment of its conception,
Is the same person.
13 – The Baby’s Right To Equal Protection Of The Laws Attaches At The
Moment Of Conception
Since it is self-evident that all men are created equal and are endowed by their Creator
with the inalienable right to life, the right to life attaches at the moment of creation, when all
rights attach, as all men are created equal, so the rights of all are equal at creation. The moment
of creation is the moment of conception,when the 23 chromosome sperm meets the 23
chromosome egg, and the DNA code of that person locks in forever, making it unique forever
from all other persons from the moment of conception. Personhood begins at conception, the
moment of creation. For Government, State or Federal, either through its judiciary, or legislative
branch or executive, to allow the baby to be killed by abortion at any time after conception is a
denial to it of the right to Equal Protection of the Laws, specifically the right to life which
attaches at creation, when the Government, State or Federal, does not allow other individuals to
be killed without first having been indicted, charges brought against them, been given the right to
counsel, right to discovery, right to face and cross examine accusers, right to trial by a jury of
one’s peers, and right to exhaust all appeals. The right to Equal Protection of the Laws attaches
at the moment of conception when the sperm meets the egg and the DNA code locks in and
defines the personhood of that human being forever. All rights attach at the moment of creation,
including the right to equal protection of the laws required of states under the 14th Amendment of
the U.S. Constitution and necessarily required of the Federal Government, impliedly under the 5th
Amendment, as it is self-evident that all men are created equal, and all rights attach at creation,
including the right to Equal Protection of the Laws. It is one of those rights that Justice John
Marshall Harlan (seePoe v. Ullman) would refer to as so basic that it need not be written down.
The whole tenet of our nation’s existence is that all men are created equal. Thus they are entitled
to have rights and protections applied to them equally from the moment of creation…
The baby in the womb from the moment of conception is entitled to Equal Protection of the Laws f
rom both the Federal and State Governments. And the baby in the womb from the moment of conception has the
right to have its life defended and its right to Equal Protection of the Laws enforced…
Even if personhood didn’t exist at the moment of conception (creation), which it does, the
baby in the womb from the moment of conception is entitled to Equal Protection of the Laws
from both the Federal and State Governments, as it is self-evident that all men are created equal,
and at the moment of creation the rights of all are equal. Thus, they must be afforded Equal Protection of the Laws
from the moment of creation, as it is self-evident that all men are created equal.
14 – The Baby’s Right To Due Process Of Law By Both The Federal And State
Governments Attaches At The Moment Of Conception
Since it is self-evident that all men are created equal and are endowed by their Creator
with the inalienable right to life, the right to life attaches at the moment of creation, when all
rights attach, as all men are created equal, including the right not to have life taken away without
Due Process of Law. The right not to have life taken away without Due Process of Law attaches
at the moment of creation because it is self-evident that all men are created equal and the rights of
all attach and are equal at that moment. It is self-evident, because it is self-evident that all men
are created equal. It does not depend on when personhood arises. The right to life from the
moment of creation is inalienable. It cannot be taken away. This is self-evident. Even if
personhood did not arise until the seventh month in the womb, the right not to have one’s life
taken away without Due Process of Law attaches at creation (conception) because it is self
evident that all men are created equal, so the rights of all attach and are equal at the moment of
creation. That includes the right not to have one’s life taken away without Due Process of Law.
Besides, the right to life is inalienable and attaches at the moment of creation (conception).
But personhood exists at the moment of conception, the moment of creation, when the
sperm meets the egg and the DNA code locks in and defines the personhood of that human being
forever. The right under the 5th Amendment Due Process Clause not to have life taken away by
the Federal Government without Due Process of Law, and the right under the 14th Amendment
not to have life taken away by any State Government without Due Process of Law, attaches at
that moment of conception, the moment of creation, when the sperm meets the egg, and the DNA
code locks in, defining the personhood of that individual forever.
The baby in the womb, from the moment of conception, has the inalienable right to life. It
certainly cannot have its life taken away without first having been indicted, charges brought
against it, been given the right to counsel, the right to discovery, the right to face and cross
examine its accusers, the right to trial by jury, the right to present witnesses, and the right to
exhaust all appeals. The baby in the womb from the moment of conception has the right to have
its life defended, and its life not taken away without Due Process of Law…
Roe v. Wadewas not Due Process of Law, because the baby from the moment of
conception has an equal right to life from the moment of conception as the mother, as it is self
evident that all men are created equal. Moreover, the baby’s right to life from the moment of creation is inalienable.
This is self-evident. Neither the mother nor the U.S. Supreme Court can
take it away. And the baby has an equal right to privacy in the womb as the mother’s right to
privacy, as it is self-evident that all men are created equal. And in no event can a right to privacy
include a right to kill. So Roe v. Wade was not Due Processof Law. No right to take the baby’s
life can exist under it. No right to take the baby’s life can exist underDoe v. Bolton. The baby’s
right to life is equal to the mother’s from the moment of creation, as it is self-evident that all men
are created equal. So the mother has no paramount right to life over the baby. So Doe v. Bolton
was not Due Process of Law. No right to take the baby’s life can exist under it. And N.O.W. v.
Terry was not Due Process of Law. No right can exist to cross state lines and kill the baby in the
womb under the Commerce Clause. Freedom from impost duties in crossing state lines gives no
right to kill a baby in the womb which has the self-evident inalienable right to life from the
moment of creation. The Federalist Papers state that the U.S. Constitution is based on the Law of
Nature and of Nature’s God ( Federalist Paper No. 43, by James Madison,drafter of the U.S.
Constitution). Any statute or decision which is not in conformity with these is not valid under the
U.S. Constitution. Moreover, personhood exists at the moment of conception when the 23
chromosome sperm unites with the 23 chromosome egg and DNA code locks in. So to deprive
the baby in the womb of personhood and thereby strip it of its Constitutional rights was not Due
Process of Law. But it had the self-evident inalienable right to life from the moment of creation
which transcended the Constitution. That all men are created equal is the foundation of this
nation’s existence.To deny it is a denial of Due Process of Law. That’s why the Revolution and
the Civil War were fought – because all men are created equal. Negroes were not yet considered
full persons at the time the Civil War was fought. But it was self-evident that all men were
created equal.
15 – The Baby’s Civil Rights Attach At The Moment Of Conception
Since it is self-evident that all men are created equal, the rights of all attach at the moment
of creation,which is the moment of conception. The baby’s Civil Rights thus attach at the
moment of conception. Even Justice Oliver Wendell Holmes in his work “Natural Law” conceded
that the rest of the world believed the right to life to be the most basic of all rights. Thus, anyone
who has an abortion performed on a baby, or performs an abortion, or assists in one, or facilitates
one violates the baby’s Civil Rights which attach at the moment of the baby’s creation, which is
conception, since all men are created equal, and may be prosecuted federally for depriving the
baby it’s Civil Rights.
Moreover, since personhood begins at the moment of conception when the baby’s 46
human chromosomes come into existence and DNA code locks in forever, Civil Rights, especially the right to
life, attach at the moment of conception, has the right to have it’s Civil Rights enforced…
16 – The Common Law And The U.S. Constitution Are Based On God’s Law
Blackstone’s Commentaries states that the Common Law is based on Natural Law and God’s Revealed
law, and “upon these depend all human laws”, and no human laws should be suffered to contradict these.” Jones’
Blackstone, Vol. 1, Section 40, at p. 42, Ed. By William Casey Jones, Claitor’s Publishing Division, 1915, 1976,
Baton Rouge, Louisiana. Natural Law, according to Professor Mulalley of the philosophy Department of Queens
College of the University of the New York is “Man’s participation in God’s eternal law”. Blackstone’s
Commentaries states that Natural Laws are the “immutable laws of human nature” laid down by God regulating
restraining man’s free will. Jones’ Blackstone, Ibid., Vol. 1, Section 39.
American Law is the Common law, which is based on the Natural Law and God’s law. Jones’ Blackstone,
Ibid. The U.S. constitution, according to the framer, James Madison, in the Federalist papers, paper no. 43, is
based on the Laws of Nature and of Nature’s God. Thus, both Common law and the U.S. Constitution are based on
Natural law and God’s Law. Natural Law is based on God’s Law. All statues and court decisions in this nation must
conform to the U.S Constitution. Thus, they must all conform to God’s Law, or they cannot stand. Roe v Wade,
Doe v Bolton, and N.O.W. v Terryviolates God’s Law.They violate the Fifth Commandment (Exodus 20:13). The
Ten Commandments are God’s revealed law (Exodus 31:18). Roe and Doeviolates the self-evident, that all men are
created equal. They cannot stand.
Separation of Church and State is no excuse. The Common Law has already been based on God’s Law for
centuries. The U.S. Constitution was based on God’s Law centuries ago. The framers framed it so. They admitted
the existence of God and the foundation of this nation’s law on God’s law.
All the Constitution prohibits regarding religion is the establishment of one sect of religion as having
to be practiced by the population as a form of worship as opposed to other religions. But it did not deny the
existence of God. It protected the worship of God as one sees fit. The absence of religion cannot be established as
the state religion by the American Judiciary and thereby prevent the practice of religion,
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The side of principle is not well funded. But it is the side of truth. It is standing for principle, while government has abandon it….
.. But the side of principle must prevail, and the government must adopt it in order to survive. As Sophocies’ Antigone stated, no government can exist outside of God’s laws ……… Robert J. Winnemore