61 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 ...
  • 169k
52 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 ...
  • 26.1k
35 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 ...
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 ...
  • 169k
23 votes

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

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" if done by a ...
21 votes

On what basis could the Federal Government legalize abortions?

The federal government has the power to regulate interstate commerce, and the current definition is incredibly broad -- certainly broad enough to include the provision of abortions. If it were ...
  • 46.5k
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, ...
  • 46.5k
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 ...
  • 4,460
14 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 ...
  • 169k
13 votes

Could the US Federal Government open abortion clinics inside Federal buildings?

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 ...
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.&...
  • 46.5k
12 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 ...
11 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 ...
8 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 ...
  • 46.5k
8 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 ...
8 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 ...
  • 169k
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 ...
  • 2,041
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 ...
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 ...
  • 169k
7 votes

Could the US Federal Government open abortion clinics inside Federal buildings?

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 ...
  • 169k
6 votes
Accepted

Interpreting the 2019 New York Reproductive Health Act?

There is no time limit on performing a legal abortion. §2599-bb of the bill says that a physician may perform an abortion when, according to the practitioner's reasonable and good faith ...
  • 169k
6 votes

On what basis could the Federal Government legalize abortions?

Could Congress, by preempting state law, make abortion legal in all 50 states? The only thing thing that really matters is whether the Supreme Court would uphold such a law (and it would inevitably ...
  • 1,208
6 votes

Why aren’t anti-abortion laws unconstitutional since they force women to carry a pregnancy against their will?

The problem is that the Constitution does not provide a freestanding right to "self-determination," to self-defense, or to bodily integrity. To the extent the courts recognize any of these ...
  • 46.5k
6 votes

What was the legal justification for Roe vs Wade?

In Roe v. Wade, the primary holding is that "a person may choose to have an abortion until a fetus becomes viable, based on the right to privacy contained in the Due Process Clause of the ...
  • 169k
5 votes
Accepted

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

Can a state make a law that deputizes individuals to sue individuals in other states? This question (apart from the question below that implicates federalism concerns about a sister state court ...
  • 144k
5 votes

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

This distinction was once important in English law, and other common-law systems derived from it, because common-law courts felt free to punish a Malum in Se even when there was no relevant statute, ...
5 votes

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

For reasons that are not relevant to the law, but to politics and optics, most of the pro-life movement does not support criminal charges against the woman who has an abortion. This seems very odd, ...
5 votes

Durability of Federal legislation protecting abortion rights in US

The relevant portion of the Dobbs decision states: We must now decide what standard will govern if state abortion regulations undergo constitutional challenge and whether the law before us satisfies ...
  • 144k
4 votes

Is abortion still legal in all 50 states?

Is abortion still legal in all 50 states? Yes But if abortion is still legal, how could there be a case that gets appealed? By arresting someone who is involved in the allegedly illegal abortion ...
  • 162k
4 votes

Which legislation makes abortion illegal in Scotland?

Like a lot of Scottish criminal law, there's no specific legislation, but it is illegal through common law. This was also true in the rest of the UK until the 1800s, when statutes were passed with the ...
  • 4,452

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