THERE IS LANGUAGE IN CASE LAW THAT USES THE FETAL HEARTBEAT AS A DETERMINER OF WHEN LIFE NEEDS TO BE PROTECTED
In a Michigan criminal case where a doctor had been convicted of performing an abortion, the Court used
the language of the heartbeat in an unborn child whose heart is beating as a determination for viability. In this case, Larkin v Wayne Prosecutor, the language was created that could be taken to use the finding of the heartbeat as the point where life in the womb needs to be protected indisputably. The Court said, We hold that the word child as used in MCLA 750.322; MSA 28.554, and MCLA 750.323; MSA 28.555, means a viable child in the womb of its mother; that is, an unborn child whose heart is beating, who is experiencing electronically measurable brain waves, who is discernably moving, and who is so far developed and matured as to be capable of surviving the trauma of birth with the *542 aid of the usual medical care and facilities available in the community.
Abortion is legal in Michigan. We need to find ways to restrict as many abortions as possible. Michigan Statute allowed abortions in Michigan pre-Roe. The claim that Michigan didn’t is based on bad application of law according to Nixon. The Nixon ruling states that abortion has been legal in Michigan at least through the first trimester, possibly through the fourth or fifth moth based on when the baby becoming “quickened.” This why Heartbeat is both good and right for Michigan.