Questions tagged [abortion]

The deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy.

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Abortion and States' Rights in the US

If a fetus is a person, it's not a citizen until after it's born, per the Constitution. That would make birth a process of naturalization (converting a stateless non-citizen fetus into a citizen). But ...
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In the SCOTUS case yesterday on Mifepristone and FDA, why was *Twiqbal* and prohibition on 3rd party standing not raised?

Yesterday [March 26, 2024], SCOTUS heard oral arguments on whether FDA exceeded its role in easing the rules on the drug mifepristone that can be used for medication abortion. Many justices across the ...
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"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

United States presidential candidate Vivek Ramaswamy stated he doesn't support a federal ban on abortion, a practice which he understands to be murder, because the U.S. federal government doesn't ...
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Can someone summarize the ruling in Texas Mifepristone ruling?

I started reading the ruling in Alliance for Hippocratic Medicine v. FDA, but it's 60 pages long and full of the expected legalese. Can someone summarize the argument of the plaintiffs and the legal ...
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In the context of third-party murder, is an unborn foetus a separate living thing? [duplicate]

Bob stomps on Alice's pregnant stomach, thereby causing the latter to miscarry. Did the former individual commit murder if the latter survived the assault? Alice shoots Bob's pregnant stomach, thereby ...
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Before being overturned, did Roe v Wade grant pregnant men the right to have abortions, in addition to pregnant women?

The language in the Roe v Wade decision refers over and over to the rights of a "pregnant woman". Does this mean it protected only the rights of pregnant women, and not pregnant men, to ...
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FTCA and US Abortion

Planned Parenthood's major point against abortion bans has been the mother's health. Specifically, where pregnancy could risk an early-pregnancy death of both the kid and the mother. If a mother was ...
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Can states criminalize transporting a minor to another state for an abortion without parental consent?

Idaho is a state that outlawed abortion. A new bill (HB 98) has been introduced to modify their human trafficking laws, which mostly pertain to forced labor or sexual activities. This bill makes it a ...
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Can a trans man get an abortion in Texas where a woman can't?

Texas has an anti-abortion law, Health and Safety Code 245 which states: the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to ...
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Does the Satanic Temples new abortion 'ritual' allow abortions under religious freedom?

The Satanic Temple has recently announced an abortion ritual. It's clearly a parody ritual added only after abortion was made illegal, but then again the USA tends to be very generous with their ...
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What kind of civil action is created by the Texas Heartbeat Act?

Section 171.208 of the Texas Heartbeat Act of 2021 allows "[a]ny person, other than an officer or employee of a state or local governmental entity in this state" to "bring a civil ...
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Would it be legal for a bystander to use force to prevent an abortion in Texas?

Would it be legal for a bystander to use deadly force to prevent a doctor from committing an abortion in Texas?
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Are exceptions to abortion bans unconstitutionally vague?

Some of the state laws banning abortion in the US contain exceptions for health reasons, typically where the pregnancy threatens the health of the mother or if the foetus is not viable. There have ...
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Tennessee abortion law. Exceptions…

Explain which is better, a affirmative defense or an “exception” with regard to abortion when mother is in danger or abortion when fetus is not viable or abortion for rape or incest.
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Does CA AB-1666 actually have any practical effects?

I'm having a hard time imagining any real scenario where AB-1666 actually accomplishes anything. Suppose you are a CA resident, and you buy plane tickets for your friend in TX to come to CA and get an ...
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Could the US Federal Government open abortion clinics inside Federal buildings in states where abortion is illegal?

As an example, USCIS has dozens of offices around the US, including many states where abortion is expected to be banned soon. Could the US Federal Government dedicate a part of every USCIS building to ...
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Which state jurisdictions apply on board a US aircraft in flight?

If an aircraft is in flight in the airspace above a US state, say Texas, does Texas state law, or potentially the laws of any other US states, apply to the passengers on board during that time, or is ...
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Could a doctor be sentenced to death for abortions in any US state?

Are there any US states where a doctor could be sentenced to death for performing abortions?
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Roe vs Wade was decided almost 50 years ago. Do more recent federal laws protect the right to an abortion as a medical decision?

A lot has changed in our laws and statutes since the Roe vs. Wade ruling in 1973. The United States Constitution does not explicitly address a right to health care. The words "health" or &...
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Congressional power to protect right to travel across state lines for accessing abortion

I recently posted a question concerning the likelihood that Federal statutory protection (so far only proposed) of abortion rights might be upheld by the Court in light of the recent ruling in Dobbs. ...
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Durability of Federal legislation protecting abortion rights in US

Recently the Supreme Court of the United States, through Dobbs, has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to ...
brainchild's user avatar
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Did overturning Roe cause all pre-Roe abortion laws that were never repealed to go back into effect?

When Dobbs overruled Roe, did laws that were struck down under Roe go back into force if they were never repealed by the legislature that enacted them?
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Could Congress ban abortion?

Could Congress override state laws and constitutions and pass a nationwide abortion ban?
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Could a state prohibit its residents from obtaining abortions in other states?

Could a state prevent its residents from having abortions in other states/countries?
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After the fall of Roe vs. Wade, are women at risk of criminal prosecution?

The Supreme Court has reversed its previously held opinion of a constitutional right to abortion. Determining the legal status of abortion is now a matter of state law, and several states are likely ...
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Why would medical opinions be relevant in a court case regarding Roe v. Wade?

Both the American College of Obstetricians and Gynecologists and the American Association of Pro-Life Obstetricians and Gynecologists submitted amicus briefs in the Dobbs case that resulted in the ...
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What was the legal justification for Roe vs Wade?

The US Supreme Court has recently overturned the ruling that abortion is a constitutionally guaranteed right. Given that a layman's reading of the US constitution gives no mention of abortion, what ...
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Why was abortion legal when the United States was founded?

The US supreme court recently ruled to overturn Roe vs. Wade. Part of the decision was based on abortion laws when the 14th Amendment was ratified. While I understand that cherry picking the 14th ...
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Why are Roe v Wade and Planned Parenthood v Casey abbreviated as Roe and Casey?

The Dobbs v. Jackson Women's Health Organization ruling says: ...Roe and Casey are overruled... Why is Roe v. Wade abbreviated as Roe, while Planned Parenthood v. Casey is abbreviated as Casey? ...
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Is giving birth a function of immigration law in the US?

The federal govt has sole jurisdiction in making and enforcing immigration laws and regulations in the US. "The US immigration policy is regulated at the federal level. Although certain matters ...
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Dreamers legal status vs Unborn

The conservative argument that the Dreamers law is unconstitutional is that it ascribes equal protection to non-US citizens under the 14th Amendment. The 14th Amendment lays out clearly and explicitly ...
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Does Article 1 Section 3 of the Oregon Constitution give taxpayers the right to prevent their taxes from being used to fund abortion?

Section 3. Freedom of religious opinion. No law shall in any case whatever control the free exercise, and enjoyment of religeous [sic] opinions, or interfere with the rights of conscience. — Could ...
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What is the most likely way fetuses could be determined to be persons?

Could the Supreme Court rule that a fetus is a person? Could Congress pass a bill redefining "person" to include fetuses? If Congress did it, would states' homicide statutes apply to ...
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Why aren’t anti-abortion laws unconstitutional since they force women to carry a pregnancy against their will?

If we are afforded the right to self-determination as well as protection against the actions of others that may threaten bodily integrity, wouldn’t it be unconstitutional for the state, by denying ...
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Could abortion clinics open on Indian reservations to provide services not allowed in the state the reservation is in?

States have laws against gambling yet reservations can have casinos. Would abortion clinics be possible if the state they are in blocks abortion? I'm not asking if reservations would have to allow it ...
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Is the right to an abortion "deeply rooted in this Nation's history and tradition?"

I recently came across an article on the internet containing the following passage: "Nearly all [of] the evidence that he [Alito] cites [in the recent-leaked draft of an opinion that would ...
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Is there any branch of the law, where a foetus is given legal personality separate to that of the mother?

If the rights or wrongs of abortion are a judicial matter rather than political, central to it would seem to be the question of what defines a "person". Critical to the idea that abortion ...
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Is a state law protecting a non-citizen fetus unconstitutional?

The Constitution and 14th Amendment expressly list protecting citizens as a core responsibility of Government. However, a fetus is not a citizen until it is born. The IRS defines as US person as ...
user319249's user avatar
20 votes
5 answers
3k views

On what basis could the Federal Government legalize abortions?

Now that Roe vs. Wade is expected to be overturned, many politicians are calling for legislation to protect the right to an abortion to be passed on the federal level. But on what grounds could the ...
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Are foreign consulates located in the United States considered foreign territory when it comes to abortion laws?

My friend and I got into a debate whether a woman could step into a foreign consulate, take an abortion pill, then leave without fear of prosecution if abortion is illegal in the State where she ...
RobertF's user avatar
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Can you sue yourself under the TX anti-abortion law?

The text of Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. reads (emph. mine) (a) Any person, other than an officer or employee of a state or local governmental entity ...
ratchet freak's user avatar
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2 answers
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How many times can Jane be sued for $10,000 for helping women in Texas get an abortion? [duplicate]

Suppose that Jane lives in Illinois, and she provides help to 30 women in Texas in obtaining abortions. Now suppose that 20 people in various states sue her under Texas law, which says that you can be ...
user43264's user avatar
1 vote
0 answers
138 views

In Roe v Wade, why was it ruled that the US government has an interest in protecting prenatal life?

I'm reading the Wikipedia article on Roe v Wade. It says that: Texas's lawyers had argued that total bans on abortion were justifiable because "life" began at the moment of conception, and ...
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Can state A prohibit a person in state B from mailing a drug from B to A for a purpose that is legal in B?

This could apply to any drug that is legal for a certain purpose in one state of the US, but illegal for that purpose in another state. However, the case I have in mind is mifepristone and misoprostol....
user42092's user avatar
3 votes
1 answer
449 views

If Roe is overturned, could Congress still protect abortion rights?

If the Supreme Court does decide to overturn Roe and leave abortion up to the states, would passing the Women's Health Protection Act allow Congress to pre-empt any state laws prohibiting abortion, or ...
BakedAlaska624's user avatar
0 votes
2 answers
130 views

How does Dobbs v. Jackson Women's Health compare to previous decisions which reaffirmed Roe v. Wade? [closed]

How does Dobbs v. Jackson Women's Health compare to previous cases which reaffirmed Roe v. Wade—e.g., Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992)?
Geremia's user avatar
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May one have an affirmative defense to the ‘Texas Heartbeat Act’, SB8, if they require reimbursement from the patient for any statutory damages?

Example: A provider (and/or others, such as an insurance company or Uber driver) requires a patient seeking a potential abortion to sign a contract agreeing to reimburse them for any potential costs ...
Jim Grisham's user avatar
6 votes
1 answer
224 views

Under Texas SB.8 can physicians immunize themselves by paying damages to the person of their choice?

If a physician performs an abortion in Texas, then immediately makes a payment of $10k to the person of their choice for violating SB8, are they immune to further damages under the bill?
Acccumulation's user avatar
7 votes
3 answers
476 views

Does double jeopardy apply to the Texas abortion bill?

Suppose Alice performs an abortion, and Bob files a suit based on Texas SB8. Can Charlie also file a suit against her? Could a million people file suits asking for $10k each?
Acccumulation's user avatar
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1 answer
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Is calling abortionist criminals defamation?

According to well-established precedent, Texas' heartbeat bill is not valid law. Is it therefore defamation to claim that those who violate it are "breaking the law"? Also, even if the bill ...
Acccumulation's user avatar