Abortion

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Huckleberry

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New York Doctor Indicted in Louisiana for Sending Abortion Pills There
The case opens a new front in the battle between states that ban abortion and states that support providing abortion anywhere in the country.


Legal experts said the case ratchets up the legal wars over abortion and will almost certainly end up in federal court and possibly the Supreme Court. It is expected to become a major test of whether states can apply criminal laws to people acting outside their borders.

Since the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization overturning the national right to abortion, the United States has been divided between states that restrict abortion and states that protect abortion.

“There’s just been a sense that if you were in a blue state, you’re shielded from the consequences of Dobbs,” said Mary Ziegler, a law professor and abortion expert at the University of California, Davis. “Prosecutions like this undermine that assumption, and we don’t know exactly how, or how much, but you can’t take that for granted.”
 
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CrimsonJazz

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Sending marijuana through the mail is a federal offense. That's not the case with mifepristone.
Right and would therefore result in a federal indictment. This is a state indictment because the crime committed was a state-level crime.
 

Huckleberry

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Right and would therefore result in a federal indictment. This is a state indictment because the crime committed was a state-level crime.
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Justice Dept.: Despite bans, abortion pills may be mailed to any state
Legal opinion says existing federal law allows mail delivery because the sender cannot know if the recipient will use the medications illegally

The Justice Department has issued a legal opinion that the U.S. Postal Service may deliver abortion pills to people in states that have banned or sharply restricted the procedure, saying that federal law allows the mailing of the pills because the sender cannot know for sure whether the recipient would use them illegally.

The Justice Department’s opinion — which was quickly condemned by antiabortion groups — does not change any state or federal laws. It hinges on the department’s interpretation of Section 1461 of the Comstock Act, a law originally passed in 1873 that governs how the Postal Service handles the delivery of contraception and items considered “obscene.”

The opinion notes that the two pills commonly used to perform abortions, mifepristone and misoprostol, also can be used in other ways, such as managing miscarriages or treating gastric ulcers. When ordered by mail, the intended recipient does not have to say how the pills will be used. Because of that, the Justice Department concluded, neither the sender nor postal workers are violating the Comstock Act by sending or delivering abortion pills in a state where the drugs cannot legally be used to terminate pregnancies in certain instances.

...Gostin described the issue of mailing abortion pills as a “live and important debate,” noting a push for conservative states and jurisdictions to impose harsh penalties on people who do so. For example, Louisiana recently enacted a law that effectively made sending abortion pills to someone in the state a crime punishable by up to five years in prison.

Federal law supersedes local law, however, and Gostin said the Justice Department’s opinion should mean that states cannot punish providers — or postal workers — for sending pills that can be used to terminate a pregnancy.



Now, I fully expect the Trump Justice Department to try to change the application of the Comstock Act, but that hasn't happened yet.
 

mdb-tpet

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The opinion notes that the two pills commonly used to perform abortions, mifepristone and misoprostol, also can be used in other ways, such as managing miscarriages or treating gastric ulcers. When ordered by mail, the intended recipient does not have to say how the pills will be used.

...Gostin described the issue of mailing abortion pills as a “live and important debate,” noting a push for conservative states and jurisdictions to impose harsh penalties on people who do so. For example, Louisiana recently enacted a law that effectively made sending abortion pills to someone in the state a crime punishable by up to five years in prison.

Federal law supersedes local law, however, and Gostin said the Justice Department’s opinion should mean that states cannot punish providers — or postal workers — for sending pills that can be used to terminate a pregnancy.
I know multiple women that are prescribed contraceptives for other medical reasons than actual contraception, and there is a small but growing movement to ban contraceptives. So, to me, this is really a part of a broad attack on women's control of their bodies and healthcare.
 

CrimsonJazz

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Justice Dept.: Despite bans, abortion pills may be mailed to any state
Legal opinion says existing federal law allows mail delivery because the sender cannot know if the recipient will use the medications illegally

The Justice Department has issued a legal opinion that the U.S. Postal Service may deliver abortion pills to people in states that have banned or sharply restricted the procedure, saying that federal law allows the mailing of the pills because the sender cannot know for sure whether the recipient would use them illegally.

The Justice Department’s opinion — which was quickly condemned by antiabortion groups — does not change any state or federal laws. It hinges on the department’s interpretation of Section 1461 of the Comstock Act, a law originally passed in 1873 that governs how the Postal Service handles the delivery of contraception and items considered “obscene.”

The opinion notes that the two pills commonly used to perform abortions, mifepristone and misoprostol, also can be used in other ways, such as managing miscarriages or treating gastric ulcers. When ordered by mail, the intended recipient does not have to say how the pills will be used. Because of that, the Justice Department concluded, neither the sender nor postal workers are violating the Comstock Act by sending or delivering abortion pills in a state where the drugs cannot legally be used to terminate pregnancies in certain instances.

...Gostin described the issue of mailing abortion pills as a “live and important debate,” noting a push for conservative states and jurisdictions to impose harsh penalties on people who do so. For example, Louisiana recently enacted a law that effectively made sending abortion pills to someone in the state a crime punishable by up to five years in prison.

Federal law supersedes local law, however, and Gostin said the Justice Department’s opinion should mean that states cannot punish providers — or postal workers — for sending pills that can be used to terminate a pregnancy.



Now, I fully expect the Trump Justice Department to try to change the application of the Comstock Act, but that hasn't happened yet.
I was unaware of this. Sounds like something that could land in front of SCOTUS.
 

Jon

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I know multiple women that are prescribed contraceptives for other medical reasons than actual contraception, and there is a small but growing movement to ban contraceptives. So, to me, this is really a part of a broad attack on women's control of their bodies and healthcare.
that is ALL this is. They don't care about babies, they care about power and control. They use the religious to do it.
 
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CrimsonJazz

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The man who died bombing the fertility clinic in Palm Springs, Calif. allegedly did it as an act of war against the pro-life and pro-natalist movement. A manifesto allegedly written by the man was posted online before the bombing.

It has some similarities to the rantings of the far-left, who also hate Christianity and view being pro-life as fascist.

 

Huckleberry

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The man who died bombing the fertility clinic in Palm Springs, Calif. allegedly did it as an act of war against the pro-life and pro-natalist movement. A manifesto allegedly written by the man was posted online before the bombing.

It has some similarities to the rantings of the far-left, who also hate Christianity and view being pro-life as fascist.

Sounds like a nut case to me. Far-left or far-right, extremism tends to find dark paths.
 

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