Questions tagged [abortion]

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

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1answer
65 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 ...
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1answer
168 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?
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184 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?
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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 ...
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0answers
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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 ...
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1answer
101 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 ...
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4answers
126 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. ...
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1answer
204 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 "...
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3answers
186 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 ...
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1answer
88 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 ...
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1answer
154 views

Can a state make a law that deputizes individuals to sue individuals in other states?

I've read briefly about the recently in-effect Texas anti-abortion law, and I'm perplexed at how it supposedly is difficult to challenge in court. If I understood correctly, it deputizes private Texan ...
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43 views

Where to find the laws regarding women's right to know before abortion in US?

What is known as ‘women’s right to know’ laws, are laws concerning the information that a woman must be exposed to if she is considering an abortion. These laws mandate, for example, that a woman must ...
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127 views

Is there an international definion of when a fetus is alive?

Is there any internationally recognised law that defines when, if ever, a fetus is considered alive and that terminating the pregnancy would be considered homicide?
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Which jurisdictions have made it illegal for people to travel to other jurisdictions for abortion?

It is well-known that some people who wish to obtain an abortion that is prohibited in the jurisdiction where they live will travel to another jurisdiction where said abortion would be legal. Last ...
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Pregnant spouse slipped abortion pills unknowingly. What would the legal ramifications be?

Suppose a partner to a pregnant woman gave her an abortion pill which successfully aborted the pregnancy. Suppose that this was done in a non-violent way, unbeknownst to the woman. One could argue ...
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After the New York 2019 Reproductive Health Act, are there ANY penalties to late-term abortion?

The New York 2019 Reproductive Health Act lists conditions under which an abortion may be performed (before 24 weeks, woman’s life or health at risk, fetus not viable). And the Act completely removes ...
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5answers
437 views

Is an illegal abortion a Malum in Se offense or a Malum Prohibitum offense?

Anglo-American Common Law generally divides criminal offenses into two categories. Malum in Se offenses are inherently wrong. This includes traditional offenses such as Murder, Robbery, and Assault. ...
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2answers
191 views

Is abortion still legal in all 50 states?

A number of states have recently passed, or are about to pass, laws prohibiting abortion. As I understand it, they intend these laws to be contested, and eventually appealed to the Supreme Court, in ...
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13k views

Is it legal to have an abortion in another state or abroad?

Alabama passed new laws recently, making abortion a very limited option. In that context is it legal for a US national who lives in Alabama to have an abortion in another state where it is legal in ...
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208 views

Interpreting the 2019 New York Reproductive Health Act?

There has been a lot of discussion about the New York 2019 Reproductive Health Act signed by Governor Cuomo. Under what conditions can a legal abortion be performed under the NY 2019 Reproductive ...
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2002 or 2006 law on infanticide

I have heard that a law passed in one of the above years says a doctor is required to give medical attention to any born-alive infant. I'm just trying to find the law
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1answer
8k views

Is it not illegal to take minors across state lines without parental permission?

In the context of Roe v Wade discussion of the abortion issue, it's been suggested that even if the decision were to be reversed, it would have little effect. The argument goes along the lines that ...
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596 views

Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)

Here's my layman's understanding of Roe v Wade: A state had a law prohibiting abortion; That law was challenged all the way up to the Supreme Court; The Supreme Court found a right to abortion in the ...
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1answer
115 views

Was it double homicide?

A person is accused of two counts of murder, because the victim was a pregnant woman. The lawyer representing the defense makes the proposal that it couldn't be two, because legally, only one death ...
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2answers
127 views

What would this VA bill have done?

Virginia's 2012 HB 1 sought to define personhood as beginning at conception: § 1. The life of each human being begins at conception. § 2. Unborn children have protectable interests in life, ...
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156 views

Will Arkansas's new abortion law prevent out-of-state abortions?

There's been a lot of discussion lately on this new abortion law: http://www.vox.com/identities/2017/2/3/14497638/arkansas-abortion-dilation-evacuation-ban-second-trimester My understanding (as a ...
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1answer
175 views

What do the dissents argue in Whole Woman's Health v. Hellerstedt?

Here is a the text of the supreme court decision on June 27, 2016 in which the court decided 5-3 to strike down a Texas law placing restrictions on abortion providers. I have skimmed through it and am ...
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479 views

What can a presumptive father do to terminate all responsibility toward an unwanted child?

Couple conceives a child. Although the couple is not married legally assume the couple is happy and wants to remain together. They are a long standing couple and have no desire to split up. Child was ...
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226 views

Which legislation makes abortion illegal in Scotland?

A recent article in The Scotsman said that— ... thanks to archaic Victorian laws means [abortion] is still technically punishable by jail sentences ... What is the legislation that has this ...