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Political Discussion
Reply to "Ohio heartbeat law"
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[quote=Anonymous][quote=Anonymous]Logistically, what would it mean to "ban" abortions? Would doctors be charged with a crime if they performed abortions? If so, what crime? First-degree murder? What about the girl who received an abortion? Would she be charged with murder as well? Would the method of conception matter? If a girl is raped and impregnated by her rapist would she be required by law to carry her rapist's baby to term? Would Ohio actually start arresting rape victims?[/quote] This really depends on how the legal situation evolves. SCOTUS could find that there is no Constitutional protection for abortions without going so far as to determine there is a thing such as "fetal personhood". If that's what they do (most likely scenario), then it's entirely up to the states to decide how/if they want to legislate. Most likely states, which generally regulate medical licenses, would find ways to punish doctors for performing abortions...anything from loss of license to criminal charges. Even anti-choice activists have been reluctant to endorse punishing women who get abortions, though, again, it would be up to the states to decide. And one of the more chilling aspects of the most recent crop of anti-choice activists is their absolutism on the issue, being unwilling to include many exceptions for protection of the mother. Frankly, it's a bit more morally justifiable to take an absolutist position on pregnancies resulting from rape ("a life is a life regardless of how it was conceived"), but it's also cruel which is why a majority of Americans don't support it. If the SCOTUS finds that a fetus is a person, then I suspect all of the other questions will also have to be litigated through the courts under existing laws. As is always the case, part of the court's job is to weigh the competing interests of two parties under the law, in this case the mother vs. the fetus. Frankly, this would be a complete mess and the courts are absolutely not equipped to decide this stuff which will turn on a nuanced understanding of reproductive science, but they're deciding a bunch of other stuff that they are not well-equipped to decide like digital privacy, so...[/quote]
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