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I've looked at the statute they upheld.
Yes, they upheld a ban on a procedure. But, in addition to the things I mentioned this morning, it gets worse....
The findings of fact mention that this procedure is usually performed on fetuses older than twenty weeks, who can "feel pain," but when you look at the actual language of the law... there is no time limit. There is no requirement of viability. This procedure performed on an anencephalic 16 week old fetus with no hope whatsoever of becoming an actual living child could result in the doctor being slammed into prison for two years.
A doctor can go to a State Medical Board after the fact to get a determination that the mother's life was in danger. But that is not the criminal trial. The findings of the Medical Board are admissible, but nothing in the statute says that the findings are dispositive. A doctor could be cleared by the Medical Board and still find himself in criminal court.
Or be cleared by a criminal court and still face civil damages from the fetus's father (if married to the mother) or, if the mother was under eighteen and not married, the fetus's grandparents. Remember, generally speaking, the burden of proof is somewhat lower for civil cases than criminal cases.
My bet? Abortion doctors will be completely unable to get malpractice insurance. Other abortion procedures at this stage also result in mangled fetuses, and I bet in more than one state zealous prosecutors gun for any doctor who performs abortions after 12 weeks.
And this is just the beginning, folks. Expect within days that bans on all abortions after twelve weeks (more liberal states) and all abortions period (more conservative states) to be introduced into state legislatures.
NOW is the time to contact your representatives at both the national and state levels. BEFORE things get worse.
Yes, they upheld a ban on a procedure. But, in addition to the things I mentioned this morning, it gets worse....
The findings of fact mention that this procedure is usually performed on fetuses older than twenty weeks, who can "feel pain," but when you look at the actual language of the law... there is no time limit. There is no requirement of viability. This procedure performed on an anencephalic 16 week old fetus with no hope whatsoever of becoming an actual living child could result in the doctor being slammed into prison for two years.
A doctor can go to a State Medical Board after the fact to get a determination that the mother's life was in danger. But that is not the criminal trial. The findings of the Medical Board are admissible, but nothing in the statute says that the findings are dispositive. A doctor could be cleared by the Medical Board and still find himself in criminal court.
Or be cleared by a criminal court and still face civil damages from the fetus's father (if married to the mother) or, if the mother was under eighteen and not married, the fetus's grandparents. Remember, generally speaking, the burden of proof is somewhat lower for civil cases than criminal cases.
My bet? Abortion doctors will be completely unable to get malpractice insurance. Other abortion procedures at this stage also result in mangled fetuses, and I bet in more than one state zealous prosecutors gun for any doctor who performs abortions after 12 weeks.
And this is just the beginning, folks. Expect within days that bans on all abortions after twelve weeks (more liberal states) and all abortions period (more conservative states) to be introduced into state legislatures.
NOW is the time to contact your representatives at both the national and state levels. BEFORE things get worse.
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(If I maintain an Arizona address, can I write to those reps also?)
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