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Old 05-09-2019, 05:36 AM
Bryan Ekers's Avatar
Bryan Ekers is offline
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Join Date: Nov 2000
Location: Montreal, QC
Posts: 59,177
Originally Posted by HurricaneDitka View Post
it's my understanding that Georgia law has generally prohibited abortions after a certain point in pregnancy (recently, 22 weeks), and yet, I'm unaware of a single case of a woman in Georgia who had a miscarriage after that point in her pregnancy being jailed for it. Moving that point forward to ~6 weeks (which is what HB 481 did) does not seem to me to pose any additional danger of women being jailed for miscarriages.
Maybe it doesn't, if this is just a feel-good law to make the base happy and there is no intention of bothering to enforce it. Trouble is, there's quite a difference between a pregnancy ending at 22+ weeks and one that ends at 8 weeks, in that the former is likely to have some medical records attached, i.e. the woman sought care from an OB/GYN at some point because she knew was pregnant and wanted the pregnancy to continue (i.e. she was not seeking to terminate it). I expect any reasonable law-enforcement officer who is told the woman miscarried will accept this on its face. Compare that to a woman who was 8 weeks pregnant and now isn't. If there's no positive indication that she wanted the pregnancy to continue, i.e. no prenatal medical appointments, can an law-enforcement officer demand she prove she didn't quietly get an abortion?

Of course, that's putting aside the larger issue of why this should be a law-enforcement issue at all. Heck, Georgia is a stand-your-ground state, which compels no duty to retreat on someone who, say, finds an unwanted trespasser on one's land. I'm vaguely hoping a Georgia woman tries to apply this argument to the greater intrusion posed by an unwanted trespasser in one's body, and then we'll get to see just how much respect the state actually has for individual freedom.
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