Questions tagged [abortion]
The deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy.
69
questions
1
vote
1
answer
58
views
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 ...
- 113
-1
votes
1
answer
70
views
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 ...
- 447
19
votes
6
answers
11k
views
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 ...
- 7,444
17
votes
3
answers
7k
views
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 ...
- 7,444
12
votes
2
answers
2k
views
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 ...
- 2,876
0
votes
1
answer
116
views
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?
- 11.3k
1
vote
3
answers
85
views
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 ...
- 12.4k
-1
votes
1
answer
54
views
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.
1
vote
1
answer
67
views
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 ...
- 323
9
votes
2
answers
1k
views
Could the US Federal Government open abortion clinics inside Federal buildings?
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 ...
- 3,405
1
vote
1
answer
122
views
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 ...
1
vote
2
answers
100
views
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?
- 11.3k
0
votes
1
answer
167
views
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 &...
- 109
1
vote
1
answer
102
views
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.
...
- 209
9
votes
4
answers
2k
views
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 ...
- 209
2
votes
1
answer
106
views
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?
- 11.3k
1
vote
2
answers
135
views
Could Congress ban abortion?
Could Congress override state laws and constitutions and pass a nationwide abortion ban?
- 11.3k
3
votes
2
answers
144
views
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?
- 11.3k
9
votes
6
answers
5k
views
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 ...
- 3,614
5
votes
1
answer
151
views
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 ...
- 1,502
1
vote
1
answer
191
views
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 ...
- 549
1
vote
1
answer
143
views
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 ...
- 127
11
votes
1
answer
2k
views
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? ...
- 11.3k
1
vote
1
answer
157
views
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 ...
- 51
-2
votes
1
answer
311
views
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 ...
- 51
1
vote
1
answer
70
views
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 ...
- 11.3k
1
vote
2
answers
110
views
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 ...
- 11.3k
4
votes
3
answers
211
views
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 ...
- 49
5
votes
1
answer
686
views
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 ...
- 220
-2
votes
3
answers
314
views
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 ...
- 215
6
votes
1
answer
217
views
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 ...
- 239
0
votes
1
answer
283
views
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 ...
- 51
18
votes
4
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 ...
- 3,405
18
votes
3
answers
7k
views
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 ...
- 283
1
vote
3
answers
336
views
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 ...
- 968
1
vote
2
answers
205
views
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 ...
- 19
1
vote
0
answers
117
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
...
- 609
3
votes
1
answer
161
views
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....
- 31
3
votes
1
answer
425
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 ...
- 825
0
votes
2
answers
97
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)?
- 884
0
votes
1
answer
156
views
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 ...
- 107
6
votes
1
answer
217
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?
- 5,123
5
votes
3
answers
443
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?
- 5,123
2
votes
1
answer
163
views
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 ...
- 5,123
5
votes
1
answer
166
views
Could a declaratory judgement be used to nullify the Texas abortion law?
Could TX SB8 (the controversial abortion law) be nullified by a declaratory judgement?
Suppose a would-be abortion provider were to file suit against Texas Right To Life, who are running the ...
- 12.4k
-1
votes
1
answer
136
views
Why can't the Supreme court overturn Texas abortion law if abortion during the first semester is a constitutional right?
Texas designed its law in a unique way to allow abortions to be banned
without a court intervening, by authorizing any private citizen to sue
doctors and clinics who perform abortions on women more ...
- 5,026
-3
votes
4
answers
141
views
Does Texas S.B. 8 actually "ban abortion"? [closed]
Note: I voted to close my own question. I agree, the way I asked it was too opinion-based.
I've not read the Texas statute exhaustively, but as far I understand, it is not a criminal statute. ...
- 1,795
7
votes
1
answer
252
views
What standard of evidence is used in suits related to Texas SB8?
If someone sues another person over a claimed infringement of Texas' new professedly anti-abortion bill, what standard of evidence is used? The bill itself calls its enforcement provision a "...
- 278
2
votes
3
answers
240
views
Supreme Court of US, Roe v. Wade
Really confused by this Supreme Court decision:
https://www.npr.org/2021/09/02/1033048958/supreme-court-upholds-new-texas-abortion-law-for-now
Quote from the article. "It said the abortion ...
- 123
-1
votes
1
answer
107
views
Would a Surrogate Parent's Right to Abortion Supersede Parental Rights?
Would a Surrogate Parent's Right to Abortion Supersede Parental Rights?
Under the Hague Convention, Parental Rights are determined via the last shared and well-settled intents of the parents. (At ...
- 347