Law: THE BIRTH OF HABEAS FETUS

On a bench outside the county jail in Waukegan, Ill., last month, Attorney Charles Wilson tried to console Roger Hubbard, 36. Hubbard's wife Carol, 30, who was five months pregnant, was being held in jail on charges stemming from a shoplifting case, and Hubbard could not afford the $23,000 bail. Wilson explained that since he had defended a man charged in the same case, it would be a conflict of interest for him to represent Carol. How, then, to get her out of jail?

Suddenly, Wilson recalled that Illinois' abortion law asserts in a preamble that life begins at conception. In an...

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