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If a doctor in Alabama knowingly violates Alabama law by performing an abortion against a new legitimate state criminal law banning abortion as murder of an unborn human being ,
Then when arrested the doctor breaks out of jail and hitches a ride to Connecticut where a law is passed saying local law enforcement will refuse to assist the authorities as they support abortion rights ,
Then if the now settled in Connecticut transplant doctor goes making YouTube videos …. Hahahaha come and get me …..
Isn’t there a case Alabama could sue ? Some interstate Clause requiring cooperation across state lines?
Suppose that now free in Connecticut doctor a year later decides to visit a relative in Tallahassee Florida but the plane changes itinerary and lands in Alabama ….
Then they can take him to jail ? But in Connecticut he’s safe ?
what if's about the Constitution dont really serve a purpose. The Constitution is very difficult to change(as it is meant to be)and if that power is not there now it isn't going to be put there tomorrow unless it has massive overwhelming support which is something I dont even know is possible in this day and age.
How about the doctor just obeys the law. Whatever it ends up being.
Agreed but my question isn’t about the moral question it’s a constitutional question does Federal authority exceed the power of a state to refuse to assist another state in a state crime?
Put it this way if you murder someone with a gun in Alabama and run to Connecticut, suppose Connecticut past a law refusing to extradite the murderer back to Alabama would this be an interstate commerce jurisdiction? States must assist other states in criminal matters?
I think if s/he breaks a state law s/he will be dragged back to that state and tried, no?
I know I don't want hypocritical red state refugees coming here to clog up my state's doctors' offices, and I definitely wouldn't stand behind a runaway doctor. Red states wanted this, they can live with it and should be happy to.
Agreed but my question isn’t about the moral question it’s a constitutional question does Federal authority exceed the power of a state to refuse to assist another state in a state crime?
Put it this way if you murder someone with a gun in Alabama and run to Connecticut, suppose Connecticut past a law refusing to extradite the murderer back to Alabama would this be an interstate commerce jurisdiction? States must assist other states in criminal matters?
Good question then. I don’t know how that would work.
I think blue states need to look at laws penalizing anyone that bothers a pregnant woman getting medical care in that blue state. Heavy penalties. Don't bother her, don't speak to her, leave her alone.
Doctor:
Ok, by law I need to let you die or I go to jail.
Just because something is a law, doesn’t make it right…
Slavery was once legal, as was child labor and wife beating.
I've already put out word to all my friends that if they or anyone they know needs to take a trip and visit relatives for a few days, I will help them get there and back safely. In addition to the West Coast states and Illinois, I have friends in British Columbia, Ontario, Nova Scotia, Dublin, Wales, and France ready and willing to supply food, lodging, transportation and advice. This is a bump in the road, not an insurmountable wall.
When the pendulum swings back, and it will, abortion rights will be codified as federal law.
How about the doctor just obeys the law. Whatever it ends up being.
He/she may obey a higher law, perhaps?
But consider if a rapist of a 13 year old does not obey the law, shouldn't the Doctor consider the outcome of the unlawful act? Do two wrongs make a right? If the choice is to force a child, by law, to have an unwanted baby or to abort (if requested), the Doctor might choose the latter. The Doctor could also choose to assist the child/family to go to a different state for a legal procedure. The more serious problem might be in how far along the pregnancy is.
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