10 year old rape victim can't get abortion in Ohio

For those who have been following debates on this, would a state law making it a crime for a resident to cross state lines to obtain an abortion (and then returning) would be upheld/enforced? Would that trigger the right to travel or dormant commerce clause issues? I assume most don't want to prosecute the girl/woman, but I keep hearing about something like this and not sure how it would work. Or would this have to be done at the federal level?

 

From what I understand, and this is far from authoritative, the issue will be how to define the crime as occurring within the state's borders, something along lines of conspiracy if someone else is involved or something similar. I'm far from an expert on criminal law but I think they're going to try to define the crime as having occurred in the state of origin

 

I don't think anyone knows how it will work in practice. How much is a state willing to surveil women and harvest personal data to track their activity to prosecute? Its going to lead to an ugly and chaotic environment (socially and politically), and the brunt of the enforcement apparatus will fall on the most marginal people economically speaking, that much I know.

 

Not so fun fact, this guy is a graduate of UF Law.

 

I could see them trying, but it is a criminal conspiracy for two people to travel to a different state for the purpose of doing something that is legal in the other state? Like going Colorado to smoke pot, or going to Nevada to gamble or visit a brothel?

Anyway, I thought these states were approaching this along the lines of civil suits, where citizens of that state have a right to sue other citizens who travel for abortions... something like that...

 

I was wondering if it might be analogous to neighboring states with different age of consent laws, for example - someone from Florida traveling to Alabama to have sex with a 17 year old in Alabama (never crossing state lines with the minor or having sex in Florida). Even assuming that might violate some federal law, I'm not sure if that act could be prosecuted by Florida and in Florida or not. That may be a bad analogy but seems to be a closer analogy than guns or drugs being brought back into the state with the more stringent law since that is where the crime is then being committed.

 

Yeah, ultimately, I think this is why the anti-abortion people will be pushing for a national ban or maybe for the court to rule abortion is flat-out illegal ala a Dredd Scott type case, because all of this is untenable, and will lead to states being foiled in preventing abortions as other states refuse to cooperate or provide evidence that will convict people. Unless you assume they are content to just selectively enforce it against people who basically convict themselves. I don't think they are.

 

I say this tongue-in-cheek, but since interstate travel is an unenumerated right, a state can pass a law forbidding women from leaving the state and this SCOTUS may allow it.

 

I think this will be especially true with children under 18, and especially adolescents. There is no situation where a 12 year old getting pregnant isn't a risk to the mother. And given America's maternal mortality rate, really almost any pregnancy is a risk to the mother given our piss poor healthcare system.

 

I have had similar thoughts. Deeply rooted, don't ya know?

 

Yeah, that sounds extreme, but the hypothetical I've raised to people is whether a state could implement a one-child policy - or simply ban new births altogether. There is arguably no constitutional right to have children since it's not in the text. I'm sure we'd get a history lesson in response to that of course.

 

Aaaand….in the least surprising news you will read this week, Indiana is now going after the doctor. But yeah, doctors have nothing to fear, right?
Indiana AG vows to investigate doctor who provided abortion to 10-year-old rape victim from Ohio | Daily Mail Online

 

Yeah, sickening. The Dr may have already been informed that the case was being investigated in Ohio where it happened, since it was referred to her by an Ohio Dr who specializing in child sexual assault cases. But apparently Indiana is going to try to take her license since she didn't make a redundant report in Indiana ... where it didn't happen.

 

Update

 

In other words, he lied through his teeth to justify a politically motivated investigation.

 

sorry man...

"Indiana AG Todd Rokita claimed he couldn't obtain any records proving that Dr. Caitlin Bernard fulfilled her legal reporting duties. But FOX59 just got them through a public records request."

Indiana doctor abortion report, 10-year-old girl abortion

 

Oh look, more ghoulish behavior from Republicans.

Indiana lawyer Jim Bopp, who has authored model anti-abortion legislation, told POLITICO the 10-year-old who got an abortion in his state should have carried her pregnancy to term and would have been required to do so under his law