Yes, thank goodness that, in this case, a forced birther didn't get his way. But, you still didn't answer the question: "if a life is a life, then it doesn't matter how the life was conceived. So, why should rape be an exemption?" A life is a life, doesn't matter how it was conceived. Why should the baby suffer for the sins of the father, right? That's Bopp's reasoning of his opinion of why rape *shouldn't* be an exemption. |
No she wasn’t. Here’s a breakdown of the two exceptions. Will prevent maternal death or impairment of a major body system. Mental health cannot be considered. The link to the law is in this clear synopsis. FFS— if you care, read the law. |
Sorry! Link here https://www.news5cleveland.com/news/politics/ohio-politics/ohio-ag-files-motion-to-dissolve-injunction-on-six-week-abortion-ban-bill |
Not in Ohio. |
You are correct. That other PP is a forced birther child rapist supporter who can’t read the plain text of the law. |
The conversation between the girl’s doctor and the hospital’s lawyers probably went something like this: Lawyer: Do you think she is likely to die during pregnancy or a C-section delivery? Doctor: Most likely, no. Lawyer: Do you think she is likely to suffer a substantial and irreversible impairment of a major bodily function during pregnancy or a C-section delivery? Doctor: Most likely, no. In that case, I could see how lawyers would assume that the girl was not entitled to an abortion under Ohio law. |
Exactly. The biggest risk to a pregnant child is the delivery itself, which can be prevented with a C section. The other risks are just increases in the “normal” risks of pregnancy like preeclampsia. Not immediate enough to constitute the emergency required under the statute. |
That’s not true. This isn’t even a close case under the law to allow a health exception in Ohio. Sadly. |
I’m a lawyer. And if that conversation happened, an abortion would be illegal. That’s are short analysis. We don’t assume. We read the d*mn statute and this one is pretty clear. In the case of the ten year old, unless she was hemorrhaging or was type one diabetic or something we don’t know about, she doesn’t meet it. Legal analysis doesn’t give bonus points for horrific situations bad legislative drafting. Where it gets fuzzy and is a headache for the MDs is when the woman has a health problem and pregnancy prevents treatment or makes it worse, but isn’t an all out emergency now and the prognosis without treatment is fuzzy. For example. The woman has a less aggressive (but not indolent) form of cancer that hasn’t metasitized— yet, but almost certainly will— and is 12 weeks pregnant. Is she likely to die? Suffer a substantial and irreversible impairment of a major body system if she doesn’t have chemo? Will it metastasis before delivery is safe for the fetus? In many cases, it’s anyones guess. No lawyer can opine on that. And a lawyer won’t assume that an exception is or is not met. They’ll flat out say: we don’t know if it’s legal because the law is so vague. What is a “substantial impairment”? I have no idea. A twisted ankle isn’t. Severe heart, kidney or liver failure that can’t be stabilized is. But in between is so much grey. There needs to be further regulatory guidance. But here’s what a lawyer will also say: the doctor has to send all the medical documentation and justification to the AG for every abortion performed after 6 weeks. And the AG, himself a lawyer, is a political hack looking for an for any excuse to say— yeah, but there’s a good chance she could have held on 4 months and been okay, right? They need to make an example of an MD so there is a chilling effect and a high profile prosecution of an “abortion doctor” burnishes the conservative credentials. And the statutory standard is irreversible. So, if there are Mets by the time the baby is born, but chemo has a good chance of forcing remission, but she will need more chemo or radiation or surgery, a case can be made she doesn’t meet the statute. The doctor *could* be charged. She may or may not be found guilty, but by the time the crazies are done with the MD and the legal bills are paid, her life and career will be destroyed. A good lawyer,— whose client is the MD not the woman, BTW— will advise not performing the abortion, even if the woman wants one. Not until they really law out how badly this could end. Remember in all of this— lawyers are making the decisions. And they represent the doctors and the hospitals. Not the patient. This is why having lawyers deciding abortion policy is nutso. |
You make very good points and I’m always happy to hear from experts in a relevant field, but your last sentence might just as well be: “This is why having femicidal misogynists deciding abortion policy is nutso.” Because lawyers wouldn’t have to be weighing in on how miserable, sick or dead to make a woman who just needs or wants an abortion if the femicidal misogynists didn’t insist on inserting themselves into women’s uteruses. |
Republicans are saying some creepy shit. This from a Montana Republican who was Speaker of the state house and is now running for the state senate: "“The womb is the only organ in a woman’s body that serves no specific purpose to her life or well-being,” Tschida said. “It is truly a sanctuary.”" Welcome to Gilead, people. |
PP and I’m not disagreeing with you. I work for a federal agency whose mission I agree with because I couldn’t stomach crap like this. Because you have to be a femicidal maniac to decide lawyers should be making medical decisions. |
If mental health cannot be considered, then.. What happens when pregnant woman commits suicide? I don't think she'd care about the legal consequences, the end result is the death of the fetus inside of her anyway. These morons cannot do basic logic, how do they pass the LSAT? |