Abortion USA

[Tero]

Menstrual tracking and abortion
https://www.theguardian.com/us-news/202 ... -histories
the governor is pushing for 15 week abortion ban.

[Tero]

It was close before. We have a filibuster rule in the Unicameral, so 15 or so Democrats could stop an abortion bill.
https://nebraskapublicmedia.org/en/news ... s-to-pass/

Now the state senators that were sitting on the fence (also some new ones, as we have term limits) are now pondering the issue. They think the bill is a good chance for them to guarantee a second term in their district. They only serve 2 terms, then sit out for a term! The job itself is low paying. The ones that sit out a term always make more income the 4 years they are out. In each year, the session is only 6 months. They gather in the fall only to pass emergency measures.

[Tero]

6-week and "medical emergency" bills not really workable

Exceptions for medical emergency, sexual assault and incest are made in the bill. But physicians said Sunday that these provisions are not enough to ensure that women who are in personal or medical danger can access needed health care.

Dr. Neil Hamill, a maternal-fetal medicine specialist, said the exemption for medical emergencies wholly misses the mark. He gave the example of the birth defect anencephaly, which causes the fetus to develop without a brain and parts of the skull. Under LB 626, the mother would be forced to carry the baby to term despite the fact that the child will almost certainly die soon after birth.

LB 626 does not provide an exemption for nonviable pregnancies aside from ectopic pregnancies.

“This bill would have a mother carry a pregnancy where a lethal outcome is guaranteed while we wait for her to have a blood clot, stroke or die,” Hamill said.

https://omaha.com/news/local/nebraska-p ... b5fef.html

[Tero]

Abortion pill was aproved for illness....
https://khn.org/news/article/texas-abor ... shour/amp/
...and pregnancy is not an illness. Therefore it can't be used.

[Tero]

The fourteenth amendment is apparently confusing. It did give blacks citizenship and ended slavery, but other parts of it are not used much, since conservatives tend to overturn those decisions. if not that, use the old "good for everything" commerce clause as basis for laws. If it crosses state borders, congress can pass laws based on it.

Further, Roe itself was built on the legal reasoning of the two cases that assured contraceptive availability, Griswold v. Connecticut and Eisenstadt v. Baird, which held that the Fourteenth Amendment establishes a "zone of personal privacy and autonomy" with which the states cannot interfere, according to Emily Berman, an associate professor at the University of Houston. Berman said that the way Alito had rationalized overturning Roe could lead to challenges to both Griswold and Eisenstadt based on the apparent lack of explicit Fourteenth Amendment coverage.[249] Alabama used the Dobbs rationale of deeply rooted rights to argue for lifting a federal injunction placed in May 2022 on its law that would ban sex reassignment therapy for minors that was to go into effect in 2023.

U.S. Attorney General Merrick Garland, who warned states not to forbid women to seek abortions beyond their borders; U.S. Secretary of Health and Human Services Xavier Becerra, who called the decision "unconscionable" and said that abortion is an essential part of healthcare; Senator Elizabeth Warren, who called for increasing the number of justices on the court; and many other congressional Democrats.

https://en.wikipedia.org/wiki/Dobbs_v._ ... ganization

[Tero]

https://slate.com/news-and-politics/202 ... stone.html

from there:
But we would like to offer some clarification here. Because despite the barrage of predictions that this case could ban mifepristone and take it off the market, there are several basic legal principles suggesting that Judge Kacsmaryk’s power is limited and that a ruling for the plaintiffs will not necessarily change much at all with medication abortion.

Judge Kacsmaryk cannot force the FDA to adopt another process to do the same—doing so would violate federal law. At best, he should only be able to order the agency to start the congressionally mandated process, which involves public hearings and new agency deliberations. This could take months or years, with no guarantee of the result.

....settled law, decided in a unanimous 1985 Supreme Court decision, that the agency has broad enforcement discretion, meaning the agency, not courts, gets to decide if and when to enforce the statute. The FDA has historically used a risk-based approach to prioritize its enforcement actions, focusing on the products with demonstrated safety concerns. Occasionally, the FDA will issue a guidance document giving some drug manufacturers safe harbor to violate the relevant statute in certain contexts, such as when the safety risk is low, which it has done with products as wide-ranging as infant formula and fecal transplants. It should decide to take a similar approach with mifepristone if the drug’s approval is removed, given the drug’s exemplary safety profile.

[rasetsu]

We all know what the current supreme court feels about the broad discretionary powers of federal agencies.

[Svartalf]

and we all know that we might want to curb the powers of SCOTUS when it's so packed with bought judges and sheer imbeciles.

[Tero]

Counties can set up their own regulations for businesses and even clinics. The anti abortionists are going county by county.

Hagstrom Miller was considering purchasing a building in the border town of Hobbs when, last November, the city passed an ordinance banning abortion and declaring itself “a sanctuary city for the unborn”. Earlier this year, the towns of Clovis and Eunice followed suit, as did the counties of Roosevelt and Lea. Hagstrom Miller and her team decided instead to open their new clinic in Albuquerque, a more progressive city about 200 miles from the Texas border, where they hope providers and patients will feel more welcomed. The clinic is currently awaiting approval of its licensing paperwork before officially opening.

https://www.theguardian.com/world/2023/ ... the-unborn

[JimC]

The word "universal", when applied to many aspects of society, seems to be anathema to a segment of Americans. Every little two-bit locality wants to go its own way...

[Tero]

Yeah the sheriff thing
https://www.splcenter.org/fighting-hate ... l-sheriffs?

[Tero]

Michigan returns to our century

Michigan’s Democratic-majority legislature has voted to repeal a state abortion ban from 1931, sending the bill to Gov. Gretchen Whitmer’s (D) desk for a signature.

[Tero]

A single abortion ends up a conspiracy:
....from a third woman, who is also being sued for wrongful death.
Silva, who was the father of the unborn fetus, also filed a charge of conspiracy against the women, alleging that they told his ex-wife to not tell him about their actions.
The case comes as the Food and Drug Administration is battling a lawsuit from a conservative Texas group arguing that an abortion pill should not be allowed for national distribution.
https://thehill.com/regulation/court-ba ... ion-pills/

[Tero]

Same
https://www.npr.org/2023/03/11/11628057 ... tion-pills

How soon till a woman is executed for getting an abortion?

"The State executed five people in 2022 and has put three people to death to date in 2023. Texas currently has six more executions scheduled for 2023 (as of 02/09/23). Harris County alone accounts for 132 executions, more than any state except Texas."

[Tero]

Random Trump judge will be allowed
https://www.nbcnews.com/news/amp/rcna75069
to tell the FDA to redo the approval process.