Who do you do to to interpret. Statute. In all seriousness, right now lawyers decide. Because Doctor’s and women need to determine whether they will be charged with a felony. It’s not what’s best for the women. It’s the point at which the doctors lawyer says the lawyer won’t be charged. And hypocritical oath aside, most Doctor’s err on the side of waiting and being certain the won’t be attested. |
Thank you for this post. I’m sorry you have firsthand experience with these pregnancy complications, but grateful for your sharing. I hope some forced birthers will read it. |
THANK YOU great post! +100000 |
Yes No D&C allowed unless necessary *to save Mom’s life*. So reducing risk is not enough. Endangering health isn’t enough. Probably saving her life is a few days isn’t enough. Knowing her ife will be in danger isn’t enough. No D&C unless itMom will die unless if it performed. Jessa could have had a complete miscarriage on her own, could have remained stable on antibiotics, etc b In fact, Arkansas is so strict that it does not allow for abortion to prevent significant damage to another bodily system. So, if the fetus is dead and the mothers kidneys or heart are compromised by continuing to carry the baby. Or she will need a hysterectomy, that’s not enough. |
The article is incorrect in this point there is no exception for a dead fetus under the law. They article does note that in Arkansas, Jessa could not have an abortion if her healthnwas in jeopardy. She would need to wait until it was necessary TJ save her life. |
Amen to all this. So sorry you had to experience all that. |
+1 Jessa and her malignant family advocated for these forced birther nightmare states and they should be forced to live in them fully. Jail for Jessa. |
Join her scumbag brother. |
Do you have a citation for this? Just wondering why the Arkansas Times is incorrect about an Arkansas law. |
This is an interesting article that explains the complicated understanding of the abortion vs. D&C. Apparently Jessa later explained that the fetus had died 3 weeks before she had the procedure. Also, from a doctor quoted in the article "Even though these procedures for miscarriage care would be legal in states with abortion bans, concerns about legality could also lead to unnecessary delays in patients receiving this care.."
https://www.yahoo.com/lifestyle/jessa-duggar-seewald-spontaneous-abortion-003105624.html |
PP is incorrect about Arkansas law having no exception for a dead fetus. The text of Arkansas’s Act 180 of 2019 (a trigger law that went into effect last year upon Roe’s being overturned):
5-61-303. Definitions. As used in this subchapter: (1)(A) “Abortion” means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child. (B) An act under subdivision (1)(A) of this section is not an abortion if the act is performed with the purpose to: (i) Save the life or preserve the health of the unborn child; (ii) Remove a dead unborn child caused by spontaneous abortion; or (iii) Remove an ectopic pregnancy; (2) "Fertilization" means the fusion of a human spermatozoon with a human ovum; (3) “Medical emergency” means a condition in which an abortion is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and (4) “Unborn child” means an individual organism of the species Homo sapiens from fertilization until live birth. Jessa only said her fetus “didn’t look good.” I don’t know if fetal death was confirmed before her D & C. It’s weird that she used ambiguous language about the baby’s condition, because I would expect her to be very clear on that particular point. There’s no reason to investigate Jessa, as the law does not allow for women being charged with any crimes as a result of terminating a pregnancy: (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child The purpose of the law is to prohibit the performance of abortions. Abortion providers would be the ones in legal jeopardy if they violated this law. Side note: This law makes no exceptions for pregnancies that result from rape or incest, including the pregnancies of minor children. Full text of the law: https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2019R%2FPublic%2F&file=180.pdf&ddBienniumSession=2019%2F2019R |
Clearly, “abortion” as a legal term is very different from “abortion” as a medical term. “Abortion” could be defined differently from one legislative body to another. Medically, Jessa had an abortion. It appears as though she did not have an abortion according to Arkansas law. |
Here is what is likely. She went for an ultrasound and the fetus did not look like it was where it should be. She was likely told to come back the following week to see if it had grown. Then, it was likely determined that it had not which means it was not alive. How do I know? This happened to me. A week after the 2nd ultrasound I had a D&C. So, that is how it could have taken three weeks. Same exact thing happened to a family member years later. |
I wonder how many of those other kids will end up arrested on in jail. Disgusting. All of them. |
I’ve had a miscarriage. I totally understand how weeks can pass between fetal demise and the complete evacuation of all products of conception. What I don’t understand is why a quasi celebrity who is a vocal opponent of abortion would choose to talk publicly about having a d&c without mentioning what necessitated it, other than the fact that things didn’t look promising. I will chalk this up to the fact that she’s grieving the loss and may not be able to say phrases like, “I learned my baby had stopped developing.” If a loss was this raw for me, I wouldn’t be speaking publicly about it yet, but everyone processes grief differently. |