There exists a right to privacy under the Due Process Clause of the Fourteenth Amendment.
The right to privacy covers a non-absolute right to abortion.
Trimesters provide a framework for determining limits to the right to abortion.
I think 1 and 2 are mostly considered accepted law and are the core parts of Roe, what Casey referred to as the “essential holding”. The belief is that you will still get a majority of the Supreme Court to agree to this part and that doing so can be considered upholding Roe in some fashion.
3 has been disputed and was modified by Casey. For at least some justices, the argument is over what the appropriate framework is for determining the limits of a non-absolute right to abortion. The idea that there should be no limits and that the right to an abortion should be absolute is as extreme of a position as overturning Roe.
i think this formulation fails to recognize that limits already exist, and 99.9% of abortions fall within the limits. now they are moving the limits such that some of those women are not able to make their choice of health care.
I was thinking about finding or setting up an Aboveground Railroad where Californians provide accommodations, food, transportation, etc, for women from other states who need to come here for medical care. Someone please find or create this, tyvm.
this definitely helps, but it would be great to make the self-managed abortion pill available by mail. i suppose texas idiots could sue the usps or fedex for delivery of such a thing. i say let them
My wife has seriously mentioned about helping in some ways, financially etc. She’s from the great backwards state of OK and knows people who have had this shit made intentionally difficult by fuckwads.
Let’s not forget that we’re still at the strongly worded letter stage of events. And it would be absolutely no surprise to anyone if this never goes anywhere.
But if they actually enact said laws, then I’ll be right up there with you on the CA
GOAT bandwagon.
next pass a law that anyone saying “let’s go brandon” can be sued for $10k as well as anyone facilitating it (e.g. selling a shirt that has it printed on it)
Well you save all the babies currently being murdered but you prevent good guys with guns from protecting their families and others from rampant urban crime so it’s probably a wash.
The Texas law is eventually getting thrown out. The only difference is the Supreme Court wouldnt let the hypothetical California law stay in place while it works through the courts because of its 2nd amendment infringement. They are letting the Texas law stay in place for now because they dont like abortion rights and plan to rein in those rights.
I don’t think that Mississippi can punish a doctor in CA for having a telemedicine call with someone from MS and then mailing the drug from CA. They’d have to go after the women, which isn’t very popular.
If we’re playing this out, I’d guess what happens is that red states agree to extradite for this, blue ones don’t. So the CA doctor might get got if someone noticed him in AZ or TX.
Also if we keep running with this, what if the person doing the telemedicine visit isn’t a doctor. Or what if that person’s identity is somehow hidden. How would MS even find out how to come after? Would CA help them in that case? Some unlicensed person sending out abortion pills is a different kettle of fish, but even then, CA would have to agree to extradite someone who is helping women get access to abortions that MS won’t let them have.