Pretend that a constitutional amendment allows abortion to be outlawed. A pro-life congress and president are fully in charge. You are on the commitee to draft the new rules.
What kind of penalties would you put into place for:
(1) Doctors who carry out abortions
(2) Women who receive abortions from those doctors
(3) Women who induce abortion without any outside help.
(4) Pregnant women who leave the country with the intent of getting an abortion.
(5) People who assist women in getting an abortion, such as taking them to a doctor that would illegally give her one.
(6) What are the penalties for possessing abortion causing drugs? For selling? Manufacturing?
(7) What about conspiracy to commit abortion?
(8) Reckless behavior that causes a fetus to be miscarried?
(9) Third trimester abortions versus abortions done in the first or second. Would the penalty be the same or different?
(10) What about accessories to abortion? What kind of penalty would a nurse face that was present during an illegal abortion? She didn’t actually carry it out, but is there to help if something goes wrong. Obviously, she is failing to report the illegal activity and is playing a part in it.
(11) Would repeat offenders get harsher penalties?
(12) Would there be exceptions for rape? If so how can a woman effectively prove that she was raped, like she was passed out drunk one night and wasn’t aware of the violation until she realized she was pregnant, at which time all physical evidence that the rape occurred has disappeared?
(13) What if the mother’s life is in danger?
(14) What about her health? How serious does the health risk have to be before she can get an abortion?
What the health exception include mental health? If she has a history of serious post partum depression and would be in serious mental anguish if she were to give birth again, would abortion be allowed?
You don’t have to say that a certain activity gets exactly X number of years, but I want a range. For example, say "Doing this gets you between 1 years and 5 years, at the judges discretion."