jayem
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- Jun 24, 2003
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I'm just guessing that that's what would actually happen if it were illegal. I'm guessing that the law makers would make a lesser charge for the woman although I could be wrong. I'm guessing that they'd reason that charging the doctor with first degree murder would be sufficient to stop the practice at least with a medical professional. And because of the nature of the argument, and where we are today, people would resist charging the mother with the more serious crime. It's a big IF anyway and not likely to every happen (abortion being illegal).
Gotta say I agree completely. It would be a political impossibility to charge the mother with murder. (Even though, if abortion really is murder, by logic, she should be.) And realistically, 1st trimester elective abortion will not be criminalized--at least not in our lifetimes.
A bit of legal hairsplitting: To my knowledge, even in pre-Roe days, it was only a crime to perform an abortion, not to obtain one. Which means that Roe v. Wade did not make abortion a right granted to a pregnant woman. Legalized abortion is really an immunity from prosecution, which is granted to an abortion provider. No woman has the right to have a abortion on demand, since no law or court ruling requires a physician to perform the procedure on anyone who requests it.
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