Not a free abortion card traveling across state lines

9,186 Views | 180 Replies | Last: 3 yr ago by dermdoc
damiond
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this guy knows whats right
https://www.washingtonexaminer.com/restoring-america/fairness-justice/red-states-eye-restrictions-on-interstate-travel-for-abortion-services
"Just because you jump across a state line doesn't mean your home state doesn't have jurisdiction," said Peter Breen, vice president and senior counsel for the Thomas More Society. "It's not a free abortion card when you drive across the state line."
The National Association of Christian Lawmakers, an anti-abortion organization led by red-state lawmakers, has also begun working with the authors of Texas's abortion ban to come up with model legislation aimed at impeding travel for abortion to states without bans.
Martin Q. Blank
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Quote:

to come up with model legislation aimed at impeding travel for abortion to states without bans.
Don't do this. Take the win.

A better idea would be to allow fathers to sue the mother/abortion provider for killing his child. 99% they want it dead anyway, or don't care, but would still be a better idea than this.
dead
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How would a state have jurisdiction on anything that occurs outside of the state?
Jason C.
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icrymyselftosleep said:

How would a state have jurisdiction on anything that occurs outside of the state?


Murdering a future citizen of their state.
Ol_Ag_02
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Peter Breen is an idiot and needs to sit back down.
TXAGFAN
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damiond said:

this guy knows whats right
https://www.washingtonexaminer.com/restoring-america/fairness-justice/red-states-eye-restrictions-on-interstate-travel-for-abortion-services
"Just because you jump across a state line doesn't mean your home state doesn't have jurisdiction," said Peter Breen, vice president and senior counsel for the Thomas More Society. "It's not a free abortion card when you drive across the state line."
The National Association of Christian Lawmakers, an anti-abortion organization led by red-state lawmakers, has also begun working with the authors of Texas's abortion ban to come up with model legislation aimed at impeding travel for abortion to states without bans.
This is a terrible idea for GOP.
jt16
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icrymyselftosleep said:

How would a state have jurisdiction on anything that occurs outside of the state?
Will there be extradition fights between states? This is all a little messy
B-1 83
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Uh oh………there goes Vegas gambling. The next thing you know they'll be after your alcohol you bought outside your dry county/town.
Being in TexAgs jail changes a man……..no, not really
dead
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Jason C. said:

icrymyselftosleep said:

How would a state have jurisdiction on anything that occurs outside of the state?


Murdering a future citizen of their state.
So if I kill someone planning on moving to Montana, does Montana have jurisdiction?
SA68AG
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This was specifically addressed in Kavanaugh's opinion. A woman can go to another state unimpeded.
P.U.T.U
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Law is like a foreign language to me but I think the 14th amendment would shoot this idea down
titan
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Yes. Back off. Take the win. In fact, encourage any migration out. But not "following" them California tax style or harassment.
MouthBQ98
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I believe federal court cases have settled this already, for the most part.
damiond
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Martin Q. Blank said:


Quote:

to come up with model legislation aimed at impeding travel for abortion to states without bans.
Don't do this. Take the win.

A better idea would be to allow fathers to sue the mother/abortion provider for killing his child. 99% they want it dead anyway, or don't care, but still.
freedom caucus going after employers that offer baby murder as bennies. this came from one they sent to tx biglaw firm sidley austin
Abortion is a felony criminal offense in Texas unless the mother's life is in danger. See West's Texas Civil Statutes, article 4512.1 (1974) (attached). The law of Texas also imposes felony criminal liability on any person who "furnishes the means for procuring an abortion knowing the purpose intended." West's Texas Civil Statutes, article 4512.2 (1974). This has been the law of Texas since 1925, and Texas did not repeal these criminal prohibitions in response to Roe v. Wade, 410 U.S. 113 (1973). These criminal prohibitions extend to drug-induced abortions if any part of the drug regimen is ingested in Texas, even if the drugs were dispensed by an out-of-state abortionist. To the extent that Sidley is facilitating abortions performed in violation of article 4512.1, it is exposing itself and each of its partners to felony criminal prosecution and disbarment.
Spaceball 1
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What a horribly stupid idea.
88planoAg
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This is awful and how you lose elections. Stop.
Bulldog73
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Just spitballing here, but if a Texas resident conspires to commit murder while in the state, but goes and does the actual murder in another state, it would seem to me that Texas could prosecute for the conspiracy, but not the murder itself. If there was no conspiracy, just an individual making such plans by herself, the situation becomes more problematic; not sure there is a relevant criminal code provision that covers that. Of course, the soon to be murderess calling up a out of state hitman (AKA abortion clinic) to set up the deed might bring it again into conspiracy territory.

That being said, prosecuting the woman seems to be bade optics politically. But not so much an employer or organization that aids and abets the murder; they would seem to be fair game. If I was crafting a law, that would probably be my target.

Standard disclosure- I have no specialization in criminal law and may be entirely FOS.
aggiehawg
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icrymyselftosleep said:

How would a state have jurisdiction on anything that occurs outside of the state?
This. Only federal jurisdiction for crossing state lines. So there would need to be a federal statute addressing it.
aggie93
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TXAGFAN said:

damiond said:

this guy knows whats right
https://www.washingtonexaminer.com/restoring-america/fairness-justice/red-states-eye-restrictions-on-interstate-travel-for-abortion-services
"Just because you jump across a state line doesn't mean your home state doesn't have jurisdiction," said Peter Breen, vice president and senior counsel for the Thomas More Society. "It's not a free abortion card when you drive across the state line."
The National Association of Christian Lawmakers, an anti-abortion organization led by red-state lawmakers, has also begun working with the authors of Texas's abortion ban to come up with model legislation aimed at impeding travel for abortion to states without bans.
This is a terrible idea for GOP.
See we have things we can agree on....
"The most terrifying words in the English language are: I'm from the government and I'm here to help."

Ronald Reagan
88planoAg
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Bulldog73 said:

Just spitballing here, but if a Texas resident conspires to commit murder while in the state, but goes and does the actual murder in another state, it would seem to me that Texas could prosecute for the conspiracy, but not the murder itself. If there was no conspiracy, just an individual making such plans by herself, the situation becomes more problematic; not sure there is a relevant criminal code provision that covers that. Of course, the soon to be murderess calling up a out of state hitman (AKA abortion clinic) to set up the deed might bring it again into conspiracy territory.

That being said, prosecuting the woman seems to be bade optics politically. But not so much an employer or organization that aids and abets the murder; they would seem to be fair game. If I was crafting a law, that would probably be my target.

Standard disclosure- I have no specialization in criminal law and may be entirely FOS.
The abortion laws as a rule do not go after the woman but the doctors performing the abortion.
Irish 2.0
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GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!
Aggie4Life02
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Equal Protection Amendment
Aggie4Life02
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Irish 2.0 said:

GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!


Murdering babies is like pot. Good analogy.
dead
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Aggie4Life02 said:

Irish 2.0 said:

GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!


Murdering babies is like pot. Good analogy.
Charging someone for a crime committed outside of the state is exactly like charging someone for a crime committed outside of the state.
Aggie4Life02
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icrymyselftosleep said:

Aggie4Life02 said:

Irish 2.0 said:

GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!


Murdering babies is like pot. Good analogy.
Charging someone for a crime committed outside of the state is exactly like charging someone for a crime committed outside of the state.


Which is why an equal protection amendment is needed.
dead
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Aggie4Life02 said:

icrymyselftosleep said:

Aggie4Life02 said:

Irish 2.0 said:

GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!


Murdering babies is like pot. Good analogy.
Charging someone for a crime committed outside of the state is exactly like charging someone for a crime committed outside of the state.


Which is why an equal protection amendment is needed.
Is that different to the Equal Protection Clause in the 14th Amendment?
Aggie4Life02
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icrymyselftosleep said:

Aggie4Life02 said:

icrymyselftosleep said:

Aggie4Life02 said:

Irish 2.0 said:

GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!


Murdering babies is like pot. Good analogy.
Charging someone for a crime committed outside of the state is exactly like charging someone for a crime committed outside of the state.


Which is why an equal protection amendment is needed.
Is that different to the Equal Protection Clause in the 14th Amendment?



Equal Protection amendment would clarify that the unborn are also entitled to the equal protection of the law.
TxTarpon
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damiond said:

"Just because you jump across a state line doesn't mean your home state doesn't have jurisdiction," said Peter Breen, vice president and senior counsel for the Thomas More Society. "It's not a free abortion card when you drive across the state line."

Opens up to taxes, safe passage law on guns, drugs you ingest.
No, not a slope to go down.


TxTarpon
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Equal Protection amendment would clarify that the unborn are also entitled to the equal protection of the law.
Except they are not a human for a HOV lane, you cannot take out a life insurance policy on them and soon could a state govt step in and court appoint a fetus guardian if the mom was sipping on a glass or wine?
Careful what you wish for.
You might get something else.
Irish 2.0
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Aggie4Life02 said:

Irish 2.0 said:

GOP needs to knock this **** off. No different than me smoking pot in CO legally and then trying to charge me for it in Texas upon my return.

STATES' RIGHTS!!


Murdering babies is like pot. Good analogy.


I simply used that as a quick analogy, but it holds true for all laws. If I'm doing something that is legal in a state I am in, but illegal in my home state, they have no right or grounds for charges. It is stupid and overreach.
Aggie4Life02
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TxTarpon said:


Quote:

Equal Protection amendment would clarify that the unborn are also entitled to the equal protection of the law.
Except they are not a human for a HOV lane, you cannot take out a life insurance policy on them and soon could a state govt step in and court appoint a fetus guardian if the mom was sipping on a glass or wine?
Careful what you wish for.
You might get something else.


I'm more worried about the unborn babies that are being murdered.
damiond
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icrymyselftosleep said:

How would a state have jurisdiction on anything that occurs outside of the state?
Sec. 1.04. TERRITORIAL JURISDICTION. (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a result that is an element of the offense occurs inside this state;
(2) the conduct outside this state constitutes an attempt to commit an offense inside this state;
(3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or
(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
(b) If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.1.htm
maybe these rules could be used to get them because of means they used in state to murder babies
TxTarpon
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I'm more worried about the unborn babies that are being murdered.
Then embrace the govt appointing fetus guardians when the govt thinks the mom is engaging in behavior the govt do not approve of.

This woman needs more government in her life.
Mom Jailed for Breastfeeding While Drinking, Waitress Fired Over It
Same woman
Charges dropped against Arkansas mom for guzzling beer and nursing baby

So much for less government, more freedom.
TheMasterplan
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Can't let dumb **** like this take over the GOP. It's not freedom or liberty centric.

It's an absolute waste of time for the government to chase things like this.
TxTarpon
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Right on!
Less govt, more freedom!
 
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