General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan a state make it a MURDER offense if one of its citizens goes out of state for an abortion?
Say Dahlia from Dallas goes to California, has an abortion.... can she be arrested when she returns to Texas? Could a state make such a law?
fierywoman
(7,680 posts)Goodheart
(5,318 posts)Ocelot II
(115,661 posts)Hassin Bin Sober
(26,324 posts)protect those rights.
unblock
(52,183 posts)I think they can't directly criminalize something that happens in another state. But they can criminalize things in their state that relate to it.
So, transporting someone to another state for the purpose of getting an abortion, that could be criminalized.
MineralMan
(146,284 posts)First, there's no reason a state would know a woman was pregnant.
Second, there is a long standing principle of freedom to travel.
Third, states are limited in their jurisdictions. They cannot pass laws that are based on what someone does in another state.
Finally, is any state actually planning to do this? I would think not.
bluestarone
(16,900 posts)Thinking Texas might be the first to try? (we'll see)
MineralMan
(146,284 posts)So, it might take a stab at such a law.
Grins
(7,205 posts)Short answer, no.
But want to bet a red state will try to make that a law? The Reichs War on Women never ends.
malthaussen
(17,184 posts)The fact of democracy is that any legislature can write any damned bill it pleases, and if it gets the votes and the signature of the executive, then it it is law. So, yes, a state could make such a law.
Would it stand up in the courts? That's the second, implicit question. And the fact of that is that a judge can make any damned ruling he pleases, he is a little tyrant in his court. So, if a challenge to such a law went before a judge interested in enforcing it, it would not be reversed. That's why we have an appeals process. The earnest hope is that bad law will not survive the scrutiny of all levels of courts (progressively removed from the jurisdiction in which the law applies), but will at some point be overturned by saner heads. Which is, ultimately, why the US Supreme Court is expected to be apolitical.
There's another implied question here, too: would such a law be created by a State legislature and signed into law? That's a predictive question, so your guess is as good as mine.
-- Mal
Bettie
(16,085 posts)There is zero proof of any pregnancy or abortion (could have been, for example, a miscarriage) without medical records. Medical records are protected.
Then again, who knows, maybe the courts will decide that women don't have HIPAA rights. A few years ago, I'd have laughed at this idea, but now? Who fucking knows what they will do.
Diamond_Dog
(31,963 posts)But I thought some state - Texas? - had tried to make it state law that all pregnancies have to be reported to the state. Of course said pregnancy statistics would have to come from doctors offices. Privacy infringement, much? But I wouldnt put anything past these fascists.
Bettie
(16,085 posts)and the thing this will really do is prevent women from getting prenatal care and miscarriage care, because any miscarriage now will be investigated as a criminal act.
Fuck. They are such assholes.
LeftInTX
(25,219 posts)I guess they could try, but I doubt it.
She would need at least be in Texas when she had the abortion.
But who knows.....
Texas does not want to "criminalize" women because they know it will backfire in the voting booth.
The DA/Grand Jury who indicted the woman in Starr County dropped the case cuz, "Duh, there was no such law"
Bettie
(16,085 posts)miscarriages? I suspect the answer is "yes" given the woman arrested, though her charges were dropped.
LeftInTX
(25,219 posts)If they win big, they'll get worse.
If they don't, they won't push it.
It's all about them staying in power.
Currently there is no law to charge women who have abortions.