You think abortion can't be prosecuted just because the woman crosses state lines?

Discussion in 'Abortion' started by kazenatsu, May 9, 2022.

  1. WillReadmore

    WillReadmore Well-Known Member

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    States don't own those within their borders.

    If someone crosses a state line, they are then under the jurisdiction of that state.
     
  2. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    It has never happened, but the OP is showing the true colors of his faction.
     
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  3. Sleep Monster

    Sleep Monster Well-Known Member Past Donor

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    Here's a basic dumbass question: you seem to want women to be prosecuted, punished. Do I have that right?
     
  4. WillReadmore

    WillReadmore Well-Known Member

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    You're still trying to make it OK for one state to decide that the decision of another state is criminal.

    Given the cite from the constitution, I don't believe you're going to have luck with that.
     
  5. WillReadmore

    WillReadmore Well-Known Member

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    NO.

    My state has its own laws. My state does NOT have to implement the laws of your state.

    If someone is in my state, they are subject to the laws of my state. There is no other solution possible.

    The point of the constitution is that your state can't declare the decisions of my state to be criminal. If my state marries a couple, your state has to recognize that marriage. If my state allows an abortion, your state has to recognize that decision.

    Your state can't decide that the decisions of my state are criminal.
     
  6. WillReadmore

    WillReadmore Well-Known Member

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    No, you are under the law of the state in which you are.

    And, some other state can not declare your legal acts in that state to be crimes.
     
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  7. WillReadmore

    WillReadmore Well-Known Member

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    I really think this is the primary issue.

    People have to be in control of their own person.
     
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  8. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Sorry, unlike what you think, that's not how it works.

    Research child custody jurisdiction.

    And they are. But a pregnant woman is bringing another person with her.
     
    Last edited: May 12, 2022
  9. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    To be more technically accurate, the crime would not be "getting an abortion", but infringing on the rights of the unborn child, who is still considered to be under the jurisdictional protection of the state it was taken from, and from whom the mother was considered a resident.

    It is almost comparable to a woman stealing something from the state, if she goes off with the other minor person inside of her and goes to have an abortion. She still falls under the jurisdiction of that state. She never entirely leaves the jurisdiction, because of what is inside of her.
     
    Last edited: May 12, 2022
  10. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    States do own minor children, in some ways.

    Unfortunately for the pregnant woman seeking an abortion, or who may want to do drugs legal somewhere else, there is one inside of her.

    There are numerous old legal precedents around this having to do with fugitive slaves. The courts found that persons could still be subject to the jurisdiction of their original state and had to be returned.
     
    Last edited: May 12, 2022
  11. dairyair

    dairyair Well-Known Member

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    The logic presented is illogical.
     
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  12. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Well isn't abortion a form of interstate commerce? She smuggled a baby to have it aborted.
     
  13. FoxHastings

    FoxHastings Well-Known Member

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    Yes.
     
  14. FoxHastings

    FoxHastings Well-Known Member

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    What "baby" ???
     
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  15. FoxHastings

    FoxHastings Well-Known Member

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    :) YES, banning abortion will make slaves out of women....
     
  16. FoxHastings

    FoxHastings Well-Known Member

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    Does that "person" qualify for a SSN? Is it counted in the census?

    Is it a separate being from the woman it's in? No.
     
  17. WillReadmore

    WillReadmore Well-Known Member

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    The Uniform Child Custody Jurisdiction and Enforcement Act addresses cases where parents of a child do not live in the same state.

    It is an agreement between states that has been adopted by all but one state, Washington, DC, Puerto Rico, Guam and the Virgin Islands. It defines what the child's home state is and gives the home state the lead on certain issues.

    There is no such agreement between states concerning abortion.

    Specifically, my state has no agreement with your state that my state should follow the laws of your state concerning abortion.
     
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  18. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    It's federally imposed. The federal level of government respects the jurisdiction of one state over a child who is taken to another state to circumvent the first state's child protection laws, since the child is seen as a resident of the first state.

    The federal level of government would require the other state to respect an extradition warrant from the first state, since crimes committed against the child could be considered an offense against the state where the child is considered a resident or citizen. (And yes, an unborn child can totally be considered a state citizen, but no need to argue about that in this thread, since we've already discussed it plenty in other threads)
     
    Last edited: May 13, 2022
  19. WillReadmore

    WillReadmore Well-Known Member

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    No, the states have to sign onto that agreement.

    Massachusetts has not signed on. They are therefore not subject to the agreement that is between those states that have signed.

    Thus, your example does not apply.

    There has been significant strain on abortion services from Kansas to Minnesota due to SB8 in Texas.
     
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  20. WillReadmore

    WillReadmore Well-Known Member

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    Yes. A fetus is not a person under our constitution.

    There is no reason to "debate" that.
     
  21. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Sorry, this is just stupidity.

    The US Constitution does not say the fetus is not a citizen of the state it was conceived and grew in. (As you may know, individual states each have their own Constitutions)

    This would be up to the courts and specific federal laws to define.

    Court precedent already clearly defines that a child is.
     
    Last edited: May 13, 2022
  22. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    I just want people to know that just because she runs across state lines to another state doesn't mean she will be free from the laws of the state where she ran from, where her unborn baby was conceived and grew in.

    Just like you can't take a young girl and bring her to another country and force her into prostitution in some other part of the world where it's legal.

    It doesn't exempt you from prosecution.

    I think some Muslim family got in trouble for this, for bringing their 12 year old daughter who was raised in America off to another country to get married to a 36-year-old.
     
    Last edited: May 13, 2022
  23. FoxHastings

    FoxHastings Well-Known Member

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    Gosh , how many posts are you going to avoid :) ;)
     
  24. Sleep Monster

    Sleep Monster Well-Known Member Past Donor

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    That has always been the primary aspect of this issue.

    The right shouts that they want established law to be repealed, but it is obvious to me that few have actually read the Roe v Wade decision.
     
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  25. Sleep Monster

    Sleep Monster Well-Known Member Past Donor

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    So in your opinion, pregnant women crossing state lines are smuggling? You seem desperate to make yourself feel like you are in the right, and it gets more incoherent as the thread progresses.

    Your emotional views on abortion are not logical. Are you so full of hate for young women that you want them punished for doing something men enjoy very much, and for which men face little to no consequences?

    And for the record, you are in the minority.

    https://news.gallup.com/poll/1576/abortion.aspx

    My body, my choice... not yours, not ever.
     
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