Georgia Just Criminalized Abortion

Women Who Terminate Their Pregnancies Would Receive Life in Prison

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Georgia Just Criminalized Abortion

#1  Postby DoctorE » May 09, 2019 8:53 am

:o
On Tuesday, Georgia Republican Gov. Brian Kemp signed a “fetal heartbeat” bill that seeks to outlaw abortion after about six weeks. The measure, HB 481, is the most extreme abortion ban in the country—not just because it would impose severe limitations on women’s reproductive rights, but also because it would subject women who get illegal abortions to life imprisonment and the death penalty.

The primary purpose of HB 481 is to prohibit doctors from terminating any pregnancy after they can detect “embryonic or fetal cardiac activity,” which typically occurs at six weeks’ gestation. But the bill does far more than that. In one sweeping provision, it declares that “unborn children are a class of living, distinct person” that deserves “full legal recognition.” Thus, Georgia law must “recognize unborn children as natural persons”—not just for the purposes of abortion, but as a legal rule.
This radical revision of Georgia law is quite deliberate: The bill confirms that fetuses “shall be included in population based determinations” from now on, because they are legally humans, and residents of the state. But it is not clear whether the bill’s drafters contemplated the more dramatic consequences of granting legal personhood to fetuses. For instance, as Georgia appellate attorney Andrew Fleischman has pointed out, the moment this bill takes effect on Jan. 1, 2020, the state will be illegally holding thousands of citizens in jail without bond. That’s because, under HB 481, pregnant inmates’ fetuses have independent rights—including the right to due process. Can a juvenile attorney represent an inmate’s fetus and demand its release? If not, why? It is an egregious due process violation to punish one human for the crimes of another. If an inmate’s fetus is a human, how can Georgia lawfully detain it for a crime it did not commit?

Continues: https://slate.com/news-and-politics/201 ... prison.amp
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Re: Georgia Just Criminalized Abortion

#2  Postby Spearthrower » May 09, 2019 9:01 am

The primary purpose of HB 481 is to prohibit doctors from terminating any pregnancy after they can detect “embryonic or fetal cardiac activity,” which typically occurs at six weeks’ gestation. But the bill does far more than that. In one sweeping provision, it declares that “unborn children are a class of living, distinct person” that deserves “full legal recognition.” Thus, Georgia law must “recognize unborn children as natural persons”—not just for the purposes of abortion, but as a legal rule.



Time to start playing Monty Python across Georgia.

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Re: Georgia Just Criminalized Abortion

#3  Postby Thomas Eshuis » May 09, 2019 9:05 am

I am frankly surprised they did not make it a capital offence.
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Re: Georgia Just Criminalized Abortion

#4  Postby Svartalf » May 09, 2019 9:14 am

Let's see if the Nazgûl will overthrow Roe vs Wade
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Re: Georgia Just Criminalized Abortion

#5  Postby Blackadder » May 09, 2019 5:35 pm

That’s the Christian Taliban for you.
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Re: Georgia Just Criminalized Abortion

#6  Postby Agi Hammerthief » May 09, 2019 5:42 pm

Svartalf wrote:Let's see if the Nazgûl will overthrow Roe vs Wade

would that set enough precedent to open other decisions again?
Citizens United for exaple.
* my (modified) emphasis ( or 'interpretation' )

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Re: Georgia Just Criminalized Abortion

#7  Postby Svartalf » May 09, 2019 5:45 pm

well, AFAIK, the ultra conservatives are raring for an occasion to take abortion law back 60 years or so... so I expect that Georgian law to be an excuse to set new precedent.
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Re: Georgia Just Criminalized Abortion

#8  Postby Animavore » May 09, 2019 5:52 pm

Thought this was about the country when I first read it earlier.
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Re: Georgia Just Criminalized Abortion

#9  Postby Svartalf » May 09, 2019 5:55 pm

well, at first I wondered whic it was, but the former Soviet republic would not be that backward...
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Re: Georgia Just Criminalized Abortion

#10  Postby Agi Hammerthief » May 09, 2019 6:46 pm

Svartalf wrote:well, AFAIK, the ultra conservatives are raring for an occasion to take abortion law back 60 years or so... so I expect that Georgian law to be an excuse to set new precedent.

well, once you open the can of worms that supreme court rulings are up to debate every time the majority changes, that is what will happen.
I wonder if all five of the current majority are willing to risk that.
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Re: Georgia Just Criminalized Abortion

#11  Postby Animavore » May 09, 2019 6:59 pm

Image
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Re: Georgia Just Criminalized Abortion

#12  Postby Spearthrower » May 09, 2019 7:01 pm

Animavore wrote:Image



How can that work?

If it's legal in one part of the country, then how can another part of the country prosecute it?

Or is this just all part of the wedge to force this to the SC?
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Re: Georgia Just Criminalized Abortion

#13  Postby theropod » May 09, 2019 8:20 pm

The enforcement of acts done in another state are outside the remit of the parent state, and the FBI, US Marshals and other federal law enforcement agencies would have something to say about all this.

All a woman would need do is apply for an ID in the servicing state and make a declaration of intent to become a resident. Even if she didn’t follow through, with a move and new residency, her presence and that application cannot be seen by any court as anything other than intent.

I predict this is going to cost Georgia a massive lump of cash in legal fees for the eventual challenge(s) that will result from this, which the state will lose. How the Georgia attorney general allowed this to make it to the governors desk is beyond me.

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Re: Georgia Just Criminalized Abortion

#14  Postby theropod » May 09, 2019 8:20 pm

Double post

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Last edited by theropod on May 09, 2019 8:22 pm, edited 1 time in total.
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Re: Georgia Just Criminalized Abortion

#15  Postby laklak » May 09, 2019 8:33 pm

Thereopod is correct. State law does not apply outside their borders. I can smoke weed in Colorado and Florida can't do shit about it. I would LOVE to see them try to prosecute someone for doing something in another jurisdiction that is perfectly legal there, they'll be slapped down so hard and fast their little redneck heads will spin. Please, do it, not even the current incarnation of SCOTUS would rule in their favor.
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Re: Georgia Just Criminalized Abortion

#16  Postby tuco » May 09, 2019 8:56 pm

Conspiracy to commit murder? What is capital punishment then?
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Re: Georgia Just Criminalized Abortion

#17  Postby Spearthrower » May 09, 2019 9:16 pm

laklak wrote:Thereopod is correct. State law does not apply outside their borders. I can smoke weed in Colorado and Florida can't do shit about it.


That's exactly the kind of thing I was getting at - it doesn't seem enforceable... in fact, it seems somewhat seditious.
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Re: Georgia Just Criminalized Abortion

#18  Postby Agi Hammerthief » May 09, 2019 9:18 pm

Spearthrower wrote:
laklak wrote:Thereopod is correct. State law does not apply outside their borders. I can smoke weed in Colorado and Florida can't do shit about it.


That's exactly the kind of thing I was getting at - it doesn't seem enforceable... in fact, it seems somewhat seditious.

they could install (state) border control with pregnancy tests. :ask:
* my (modified) emphasis ( or 'interpretation' )

when you chop off your neighbours head and use it as a vase, you can call it 'culture'.
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Re: Georgia Just Criminalized Abortion

#19  Postby Seabass » May 09, 2019 9:26 pm

The point of this exercise is to get Roe v Wade overturned. If they can get the SCOTUS to recognize the fetus as a person, then the whole "privacy" thing goes out the window. It looks like 'Bama's up next.

https://www.nbcnews.com/news/us-news/alabama-bill-banning-nearly-all-abortions-delayed-after-fiery-debate-n1003816
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Re: Georgia Just Criminalized Abortion

#20  Postby theropod » May 09, 2019 9:46 pm

Having lived in the slave state of Arkansas for several years now I’ve watched as my state legislature tried over and over to erect barriers to abortion only to have each and every one of these absurdities struck down. These efforts have cost this state upwards of 25 million bucks to fight all the way to SCOTUS. This Georgia law will be no different, but the crazy buybull thumpers love that they have brave legislators that “fight the good fight”. Never mind the social services underfunded as a result.

This is but one of the many reasons my wife and I are done with this crazy fucking state.

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