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Lobby General Discussion topic #13331973

Subject: "Georgia HB481" Previous topic | Next topic
legsdiamond
Member since May 05th 2011
80108 posts
Sat May-11-19 07:23 AM

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"Georgia HB481"


          

Abortion Law is on some Handmaids Tale shit.

I read that if you cross state lines to get an abortion after 6 weeks in another state you can still be prosecuted.

https://slate.com/news-and-politics/2019/05/hb-481-georgia-law-criminalizes-abortion-subjects-women-to-life-in-prison.html

On Tuesday, Georgia Republican Gov. Brian Kemp signed a “fetal heartbeat” bill that seeks to outlaw abortion after about six weeks. The measure, HB 481, is the most extreme abortion ban in the country—not just because it would impose severe limitations on women’s reproductive rights, but also because it would subject women who get illegal abortions to life imprisonment and the death penalty.

The primary purpose of HB 481 is to prohibit doctors from terminating any pregnancy after they can detect “embryonic or fetal cardiac activity,” which typically occurs at six weeks’ gestation. But the bill does far more than that. In one sweeping provision, it declares that “unborn children are a class of living, distinct person” that deserves “full legal recognition.” Thus, Georgia law must “recognize unborn children as natural persons”—not just for the purposes of abortion, but as a legal rule.


This radical revision of Georgia law is quite deliberate: The bill confirms that fetuses “shall be included in population based determinations” from now on, because they are legally humans, and residents of the state. But it is not clear whether the bill’s drafters contemplated the more dramatic consequences of granting legal personhood to fetuses. For instance, as Georgia appellate attorney Andrew Fleischman has pointed out, the moment this bill takes effect on Jan. 1, 2020, the state will be illegally holding thousands of citizens in jail without bond. That’s because, under HB 481, pregnant inmates’ fetuses have independent rights—including the right to due process. Can a juvenile attorney represent an inmate’s fetus and demand its release? If not, why? It is an egregious due process violation to punish one human for the crimes of another. If an inmate’s fetus is a human, how can Georgia lawfully detain it for a crime it did not commit?


But the most startling effect of HB 481 may be its criminalization of women who seek out unlawful abortions or terminate their own pregnancies. An earlier Georgia law imposing criminal penalties for illegal abortions does not apply to women who self-terminate; the new measure, by contrast, conspicuously lacks such a limitation. It can, and would, be used to prosecute women. Misoprostol, a drug that treats stomach ulcers but also induces abortions, is extremely easy to obtain on the internet, and American women routinely use it to self-terminate. It is highly effective in the first 10 weeks of pregnancy. Anti-abortion advocates generally insist that they do not want to punish women who undergo abortions. But HB 481 does exactly that. Once it takes effect, a woman who self-terminates will have, as a matter of law, killed a human—thereby committing murder. The penalty for that crime in Georgia is life imprisonment or capital punishment.

HB 481 would also have consequences for women who get abortions from doctors or miscarry. A woman who seeks out an illegal abortion from a health care provider would be a party to murder, subject to life in prison. And a woman who miscarries because of her own conduct—say, using drugs while pregnant—would be liable for second-degree murder, punishable by 10 to 30 years’ imprisonment. Prosecutors may interrogate women who miscarry to determine whether they can be held responsible; if they find evidence of culpability, they may charge, detain, and try these women for the death of their fetuses.


Even women who seek lawful abortions out of state may not escape punishment. If a Georgia resident plans to travel elsewhere to obtain an abortion, she may be charged with conspiracy to commit murder, punishable by 10 years’ imprisonment. An individual who helps a woman plan her trip to get an out-of-state abortion, or transports her to the clinic, may also be charged with conspiracy. These individuals, after all, are “conspiring” to end of the life of a “person” with “full legal recognition” under Georgia law.

It is entirely possible that Georgia prosecutors armed with this new statute will bring charges against women who terminate their pregnancies illegally. In 2015, a Georgia prosecutor charged Kenlissia Jones with murder after she self-terminated; he only dropped the charges after concluding that “criminal prosecution of a pregnant woman for her own actions against her unborn child does not seem permitted.” Starting in 2020, however, Georgia law will permit precisely this kind of prosecution. There is no reason to doubt that history will repeat itself, and more prosecutors will charge women who undergo abortions with murder.

For now, Supreme Court precedent protecting women’s reproductive rights should bar such prosecutions—and indeed, require the invalidation of HB 481. But the court’s conservative majority may be on the verge of dismantling Roe v. Wade. If that happens, Georgia and other conservative states will be free to outlaw abortion, and to imprison women who self-terminate. HB 481 is further proof that once Roe is gone, it won’t just be abortion providers who risk legal jeopardy: Women will be punished, too.

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TBH the fact that you're even a mod here fits squarely within Jag's narrative of OK-sanctioned aggression, bullying, and toxicity. *shrug*

  

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Georgia HB481 [View all] , legsdiamond, Sat May-11-19 07:23 AM
 
Subject Author Message Date ID
More military? More workers? More white people?
May 11th 2019
1
These jokers don't think (and I'm being generous) that far ahead.
May 11th 2019
2
They've been planning this for a minute
May 11th 2019
3
      I think you are lying to yourself if you think it’s only the wealthy
May 11th 2019
4
      Remember, this is from the same group of people
May 11th 2019
13
More white people.
May 11th 2019
5
      I don’t think it’s that deep
May 11th 2019
6
      Controlling women is an oversimplification
May 11th 2019
8
      They have been beating this pro choice drum since 73.
May 11th 2019
10
      No. White women in Ga ELECTED this governor
May 11th 2019
14
      ^^^^
May 13th 2019
17
      True. I’ve never been a fan of their movement
May 13th 2019
20
      it's not. More White People is super simplistic and shallow.
May 11th 2019
16
      The only answer that makes sense
May 11th 2019
7
      These people believe they are religious
May 11th 2019
11
           So were all the major eugenicists
May 11th 2019
15
           Religuous Zealotry really really doesn't explain it.
May 14th 2019
24
                Ionno bruh. I’m pro choice BUT
May 14th 2019
27
                What period of history were white people NOT worried about birth
May 14th 2019
38
                     Bruh, I didn’t celebrate having a fetus when we found out
May 14th 2019
41
                          Right you were celebrating the potential baby you were having. Same
May 15th 2019
53
                               Lmao... if I saw a 6 week fetus in my bed I would cry like a baby
May 15th 2019
54
                               Exactly. I held my 8 week fetus in my hand
May 15th 2019
56
                                    See. I hear that and go "ewww", not "awwww"
May 15th 2019
58
                                         Imagine the goo is growing inside of you and you don't want it!
May 15th 2019
59
                White Egg Donors and Adoption of White babies
May 14th 2019
50
                     I mean, my pretty & smart dominican friend use to sell her eggs for 50k
May 15th 2019
55
      yup everyone in here should go research 'replacement theory'.
May 13th 2019
22
      And people wanted to talk about how "white genocide" might be real smh
May 14th 2019
23
      the only programs that got funding increases in Trump's budget
May 14th 2019
40
      Shout out to Ben Wattenberg. They're finally implementing his
May 15th 2019
52
           Yup.
May 19th 2019
65
this is pretty dumb.
May 11th 2019
9
this ain't nothing but white supremacy and capitalism on steroids
May 11th 2019
12
ALL of this
May 13th 2019
19
this miscarriage shit is what infuriates me the most
May 13th 2019
18
are the democrats going too far left? (c) the media
May 13th 2019
21
stop shilling for the dems for once
May 19th 2019
66
Always the optimist looking for the silver lining.
May 14th 2019
25
Nope.
May 14th 2019
28
its tuff in GA.
May 14th 2019
29
Voter suppression in GA is so strong
May 14th 2019
30
There's active voter suppression efforts against White women?
May 14th 2019
31
      The same white women who voted for the pussy grabber?
May 14th 2019
33
           and voted for the Kemp
May 14th 2019
35
           47% of them also voted against Trump
May 14th 2019
37
                they were split dead even in 2018.
May 14th 2019
46
maybe it can have the same effect as the bathroom bill in nc.
May 14th 2019
32
      NC is purple tho
May 14th 2019
34
           Chatham county (Savannah) is a Dem county
May 14th 2019
36
           "Atlanta" is more than half the state though
May 14th 2019
39
           Thanks. I’ve only been to Savannah once
May 14th 2019
42
           Savannah is Conservative democratic
May 14th 2019
43
           Only visited once but it definitely felt like a Wilmington, NC type city
May 14th 2019
44
           kemp barely won by a little more than a point (really lost)
May 14th 2019
48
           exit polling suggests that narrative is wrong though
May 14th 2019
49
           yeah the dynamics in nc are diff than in ga.
May 14th 2019
47
Is it even legal to prosecute someone for crossing state lines...
May 14th 2019
26
I can't see how it would be. They get around that with "conspiracy"
May 14th 2019
45
Even if it's challenged in court, the point is to intimidate people
May 15th 2019
61
      Yup. Even when it's over turned, people are going to be hesitant
May 15th 2019
62
Alabama HB314 - No exceptions for rape or incest
May 14th 2019
51
I find the penalties of the Georgia HB481 to be a bit extreme
May 15th 2019
57
is there anything you like about the bill?
May 15th 2019
60
      I like the spirit of the bill, to preserve life.
May 15th 2019
64
Conservatives:
May 15th 2019
63
Morally I find abortion fucked up, BUT BUT BUT
May 19th 2019
67

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