I was stunned Tuesday night when exit polling in California (search) showed 30 percent of the voters approved of aborting a fetus (search) at any time before birth.

That means that millions of Americans see absolutely nothing wrong with killing a baby even moments before it emerges from the birth canal. What can these people be thinking? How could any feeling human being come to that conclusion? Have they ever seen a sonogram?

And the law backs them up in some states. As we told you Wednesday night an appeals court in Illinois has thrown out the conviction of Elizabeth Ehlert for murdering her baby girl.

Ehlert was twice convicted of giving birth to the baby, putting it in a garbage bag and throwing it into a creek, where it was found dead days later.

The medical examiner testified there was air in the baby's lungs, meaning it did breathe outside the woman and her boyfriend testified he heard the baby cry.

Nevertheless, three judges have now ruled that the baby might have still been tethered by the umbilical cord to the mother when it was killed and under a law passed in 1820 the mother cannot be charged with murder.

There have been three attempts to change that law in Illinois but all three when pro-abortion groups lobbied the cowardly legislators.

Come on. This has nothing to do with being pro-choice. America simply cannot be a country where a woman is allowed to execute a baby, tethered or not. This is a major human rights violation. It is barbaric.

By the way, Ehlert had undergone two previous abortions, which were ruled inadmissible in her case.

Chances are this is the first you are hearing about this deplorable situation. That's because the secular media are loathe to cover it. The brutal killing of a defenseless baby should sicken all people of conscience, yet the legal system may exonerate the killer and the media stands mute.

The case is now being considered by the Illinois Supreme Court and its ruling could take months. But it should take you only seconds to decide on this one: America has now become a place where legal technicalities formed in 1820 allow the brutal murder of a newborn.

So next time you hear the National Anthem, think about that and also think about this: Nothing is going to change until good people rise up.

And that's The Memo.

The Most Ridiculous Item of the Day

On Wednesday, October 15 I will be making a return appearance on Jay Leno's program. So if you are in or around Los Angeles, you might want to get tickets.

I'm encouraging this because of the Bjork (search) factor. I appeared on The Tonight Show along with the singer and the crowd well, was a bit different.

In fact when I walked out, they all whipped out crosses! So it might be nice to have some Factor people there just for moral support.

Ridiculous? You should've seen Bjork backstage if you want ridiculous.

--You can watch Bill O'Reilly's Talking Points Memo and "Most Ridiculous Item" weeknights at 8 & 11p.m. ET on the Fox News Channel. Send your comments to: oreilly@foxnews.com