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63 votes

Pregnant spouse slipped abortion pills unknowingly. What would the legal ramifications be?

Although abortion is legal in the US, not everyone is allowed to perform an abortion. In Washington, the law allows a physician to terminate a pregnancy, and recognizes a woman's right to choose to ...
user6726's user avatar
  • 215k
51 votes
Accepted

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

Does the "US national" above matter? The nationality of the person is not relevant. Like most criminal statutes, the law applies to acts within the jurisdiction of Alabama, which basically means ...
phoog's user avatar
  • 37.9k
34 votes

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

First of all, this entire discussion assumes that Alabama's law will be upheld, and Roe will be overturned. Roe is still good law, and under it the Alabama law is pretty clearly invalid. However it is ...
David Siegel's user avatar
34 votes
Accepted

Are foreign consulates located in the United States considered foreign territory when it comes to abortion laws?

The idea that a diplomatic mission is "foreign soil" is an exaggeration of the legal situation. Certain individuals (diplomats) are immune from arrest, so if the woman is the ambassador, she ...
user6726's user avatar
  • 215k
33 votes
Accepted

Can a trans man get an abortion in Texas where a woman can't?

Ever changing ordinary definitions do not change what the law makers meant The cited piece of law dates back to 1989. At that time, it was virtually inconceivable that "woman" could ...
Greendrake's user avatar
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29 votes
Accepted

Does the Satanic Temples new abortion 'ritual' allow abortions under religious freedom?

Like the other rights in the First Amendment, religious freedom is not absolute. For example, you can't use religious freedom to get away with assault or murder (e.g. fulfilling the fatwa to kill ...
Barmar's user avatar
  • 3,172
29 votes

"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

It's a bit of an oversimplification. You're correct that there is a federal law against murder, 18 USC 1111. However it applies only to a murder committed in the special maritime and territorial ...
Nate Eldredge's user avatar
24 votes

On what basis could the Federal Government legalize abortions?

The federal government has the power to regulate interstate commerce, the current definition of which is incredibly broad -- certainly broad enough to include the provision of abortions. If it were ...
bdb484's user avatar
  • 60.7k
24 votes

Can a trans man get an abortion in Texas where a woman can't?

If we were to interpret this law as allowing some people to get an abortion but not others, it would likely be unconstitutional, as it would violate equal protection. When given a choice between ...
D M's user avatar
  • 7,213
23 votes

Pregnant spouse slipped abortion pills unknowingly. What would the legal ramifications be?

germany In Germany, the situation is somewhat unique because (following a compromise reached in 1976 and a revision in 1995) abortion is illegal but the "offence is not considered fulfilled" ...
Michael Borgwardt's user avatar
20 votes

What kind of civil action is created by the Texas Heartbeat Act?

As the answer by Dale M correctly states, it is a statutory cause of action. To classify it further, it would be a strict-liability tort, I believe, as there need be no proof of damages, and there is ...
David Siegel's user avatar
19 votes
Accepted

Why are Roe v Wade and Planned Parenthood v Casey abbreviated as Roe and Casey?

There isn't any kind of legal reason for the distinction; it's just a matter of custom and convenience. The normal rule is that you would shorthand a case name by referring to the first-named party, ...
bdb484's user avatar
  • 60.7k
18 votes

Are foreign consulates located in the United States considered foreign territory when it comes to abortion laws?

Are foreign consulates located in the United States considered foreign territory when it comes to abortion laws? No, a consular premises is not considered foreign territory (for any law). The main ...
Mark Johnson's user avatar
  • 5,653
15 votes

After the fall of Roe vs. Wade, are women at risk of criminal prosecution?

A number of states, as well as the US Federal Government, have laws against "fetal homicide", under which a woman might be prosecuted. The Alabama law, to take one example, defines homicide ...
user6726's user avatar
  • 215k
13 votes

After the fall of Roe vs. Wade, are women at risk of criminal prosecution?

This Has Already Happened Multiple times. Here's the first two I found when googling: When a woman in Texas was arrested last week for murder for what officials called “a self-induced abortion,” the ...
Not Entirely Serious's user avatar
13 votes

Could the US Federal Government open abortion clinics inside Federal buildings in states where abortion is illegal?

The Hyde Ammendment prevents any federal funds from being used to pay for abortions. You can be certain that providing clinic space to provide abortions would be quickly challenged in court as a ...
Charles E. Grant's user avatar
13 votes

"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

This Is Not An Accurate Statement Of U.S. Constitutional Law State governments have "plenary" (i.e. unlimited) power to enact any legislation authorized by the state's constitution which is ...
ohwilleke's user avatar
  • 221k
12 votes

Is a state law protecting a non-citizen fetus unconstitutional?

It may help to start by clearing up some false premises in the question/comments: The Fourteenth Amendment does not "expressly list protecting citizens as a core responsibility of Government.&...
bdb484's user avatar
  • 60.7k
12 votes

Durability of Federal legislation protecting abortion rights in US

The Supremacy Clause makes Federal laws superior to state laws and even state constitutions, but that is only true for Constitutional federal laws. If Congress passed a law seeking to restore the ...
David Siegel's user avatar
12 votes

Does the Satanic Temples new abortion 'ritual' allow abortions under religious freedom?

My experience is that the Pastafarian religion is indeed a parody religion. In contrast, TST has all of the indicia of a sincere religion – you can look here for a summary of their beliefs. Their ...
user6726's user avatar
  • 215k
12 votes

Can a trans man get an abortion in Texas where a woman can't?

No Under Texas court rules, "the masculine, feminine, or neuter gender shall each include the other" - woman means man and vice-versa.
Dale M's user avatar
  • 213k
10 votes

Can a trans man get an abortion in Texas where a woman can't?

There is no general law defining "man" or "woman" in Texas law (a recent proposal to do so for school sports participation died), nor "male" / "female". The ...
user6726's user avatar
  • 215k
9 votes

Pregnant spouse slipped abortion pills unknowingly. What would the legal ramifications be?

In the United Kingdom, there is an offence of child destruction, codified in the Infant Life (Preservation) Act 1929 1 Punishment for child destruction. (1) Subject as hereinafter in this subsection ...
Andrew Leach's user avatar
  • 1,494
9 votes
Accepted

What standard of evidence is used in suits related to Texas SB8?

The standard of proof for civil cases in Texas is generally "preponderance of evidence". See in re Steven Lipsky for some discussion. The applicable evidentiary standard is generally ...
user6726's user avatar
  • 215k
8 votes

After the fall of Roe vs. Wade, are women at risk of criminal prosecution?

Question 1 In the recent case you refer to, the Supreme court held: Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is ...
Davislor's user avatar
  • 2,904
8 votes

Does the Satanic Temples new abortion 'ritual' allow abortions under religious freedom?

what is the limits to what could, or couldn't, be claimed as protected by the RFRA if a parody religion claims it's part of their religion? Without taking any position on your assertion that The ...
Jen's user avatar
  • 59.8k
7 votes
Accepted

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

No. Labeling an abortion as "homicide" would be a matter of criminal law and generally not the subject of international law. There are no international laws or treaties limiting a woman's ...
bdb484's user avatar
  • 60.7k
7 votes
Accepted

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

Not much. Consider the following: The father can not force the mother to abort the pregnancy. Ex post facto agreements of non-payment are, in all likelihood, unenforceable. The father will be ...
Alexanne Senger's user avatar
7 votes

Durability of Federal legislation protecting abortion rights in US

The most likely path for federal preemption would be by analogy and reference to federal health-related laws (Obamacare, HIPAA, Medicare and Medicaid, HRRP, indirectly the National Research Act). But ...
user6726's user avatar
  • 215k
7 votes

Could the US Federal Government open abortion clinics inside Federal buildings in states where abortion is illegal?

A substantial impediment to this plan is that the Hyde Amendment forbids using federal funds to pay for an abortion. Let us set aside the funding question in favor of the jurisdiction question. There ...
user6726's user avatar
  • 215k

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