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Susan Linehan's avatar

There is a solution no one wants to think about. Make the MOTHER who has a medically "unnecessary" abortion the one facing criminal charges, not the doctors. They could then go ahead and provide the care necessary to save the mother's life--and could testify as to WHY if anyone tried to prosecute the mother. I suspect most juries would believe the doctor--it would be hard to prove "beyond a reasonable doubt" that it WAS "unnecessary."

I'm not sure if Texas could impose a criminal penalty for an abortion obtained where it is legal and then returned to Texas. THAT would face more of a "states rights" argument amenable to the Extremes and most states who allow abortions are also resisting providing medical records.

Criminalizing the woman would be way more unpopular and might spur even more activism.

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Hannah Olufs's avatar

Think about that. Criminalizing mothers. The whole point is to defeat these restrictive laws and get back to women taking control of their healthcare.

Not arresting them.

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Susan Linehan's avatar

of course it is. The point is here, who would be “criminalized?” Certainly not any of the cases we’ve been reading about where the doctor has been too scared of jail to take proper care. Even assuming a prosecutor was fool enough to try to go after such a woman, the outrage would be heightened far further than it is now.

Red states are already criminalizing women who act without doctors. In Louisiana, just HAVING an abortion pill, not even taking it, can send you to prison. Women are being accused of murder because their miscarriage was caused by an “unhealthy lifestyle.” At least if the statutes were consistent about who was “to blame” those needing help could get it without the doctor fearing giving it.

It is easy to say “something must be done to stop this.” The problem is how to GET that something done. If I have to choose between outrages, to get people’s attention, I’d choose criminalizing a mother over letting her die, anytime.

But mothers are “safe from jail” if not a coffin because the legislators KNOW that criminalizing the woman is a bridge too far. They just pass the deaths off as “God’s Will.”

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JDinTX's avatar

Women are always “guilty” where sex is concerned

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