Friday, January 20, 2023

Criminalizing Reproduction. Alabama (to its everlasting shame) is considering criminal charges against women who take abortion pills, 'Reason' (Reporter Elizabeth Nolan Brown) reports..."Alabama's attorney general said he could prosecute women who take abortion pills, despite language in the state's new abortion ban that ensures it won't be used against people who receive abortions. The Human Life Protection Act, which criminalizes abortion at any stage, is only meant to be used against abortion providers. It was signed into law in 2019 and took effect last summer after the U.S. Supreme Court overturned Roe v. Wade. But an older law could still allow for the prosecution of women who terminate their pregnancies, said Alabama Attorney General Steve Marshall. That state's law against "chemical endangerment" of a child was originally passed to punish people who exposed children to meth labs. But it's been used to prosecute numerous pregnant women accused of taking drugs, including marijuana alone. (The law was even recently used to arrest and jail a woman who wasn't even pregnant after her young child wrongly told a social worker that she was."


CRIMINALIZING REPRODUCTION: (Attacks on Science, Medicine and the Right To Choose): In recent years, I have taken on the  theme of criminalizing reproduction - a natural theme for a Blog concerned with  flawed science in its myriad forms  - as I am utterly opposed to the current movement in the United States (and some other countries) embodied by the overturning of Roe Versus Wade,  towards imprisoning women and their physicians and others who help them secure a safe abortion,  on the basis of sham science (or any other basis). I can’t remember the source, but agree  totally with the sentiment that control over their reproductive lives is far too important to women in America - or anywhere else -  so they can  participate  equally in the economic and social life of their nations without fear for  loss their freedom at the hands of political opportunists and fanatics. (Far too many of those those around these days.) 


Harold Levy: Publisher; The Charles Smith Blog.

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PASSAGE OF THE DAY: "Knowing what we know about Alabama's prosecutions of pregnant women already, Marshall's statement doesn't seem like an empty threat at all. And it's likely we'll see at least a few other states start to do the same. Even before the Supreme Court's ruling last summer, some states have prosecuted women who self-induce abortion or attempt to.  Though the charges were later dropped, Texas last April jailed Lizelle Herrera for two days on murder charges after accusing her of a self-induced abortion when she miscarried.  Georgia has done the same (though also dropping the charges eventually).  And an Indiana woman, Purvi Patel, was sentenced to 20 years in prison for feticide after allegedly taking abortion pills that caused her to have a stillbirth."

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STORY: "Women Who Take Abortion Pills Could Face Criminal Charges, Alabama Attorney General Says," by Elizabeth Nolan Brown, published by 000 on January 11, 2023. (Elizabeth Nolan Brown is a senior editor at Reason and the main author of Reason's morning newsletter, the Reason Roundup. She is also co-founder of the libertarian feminist group Feminists for Liberty, and a professional affiliate of the journalism program at the University of Cincinnati.)


GIST: Alabama's attorney general said he could prosecute women who take abortion pills, despite language in the state's new abortion ban that ensures it won't be used against people who receive abortions.


The Human Life Protection Act, which criminalizes abortion at any stage, is only meant to be used against abortion providers. It was signed into law in 2019 and took effect last summer after the U.S. Supreme Court overturned Roe v. Wade. But an older law could still allow for the prosecution of women who terminate their pregnancies, said Alabama Attorney General Steve Marshall.


That state's law against "chemical endangerment" of a child was originally passed to punish people who exposed children to meth labs. But it's been used to prosecute numerous pregnant women accused of taking drugs, including marijuana alone. (The law was even recently used to arrest and jail a woman who wasn't even pregnant after her young child wrongly told a social worker that she was.


And Alabama's Supreme Court has upheld the usage of the child endangerment law against pregnant women who take illegal drugs. Since abortion pills are now an illegal drug in Alabama, this would seem to fit.


"The Human Life Protection Act targets abortion providers, exempting women 'upon whom an abortion is performed or attempted to be performed' from liability under the law," said Marshall in a statement to AL.com. "It does not provide an across-the-board exemption from all criminal laws, including the chemical-endangerment law—which the Alabama Supreme Court has affirmed and reaffirmed protects unborn children."


Last week, the Food and Drug Administration cleared the way for retail pharmacies to dispense abortion-inducing drugs. CVS and Walgreens said they would do so; activists are already planning pickets for early February.


The FDA's rule change doesn't mean pharmacies in states with abortion bans can do so, of course. But it could make it easier for women in places where abortion is illegal to obtain the pills elsewhere.


In general, the discreet and easy-to-use nature of abortion via pill (as opposed to surgery) makes it much easier for women to evade anti-abortion laws. This has authorities in some states worried—and looking for ways to prevent residents from getting their hands on these pills and to hold people accountable when they do.


Knowing what we know about Alabama's prosecutions of pregnant women already, Marshall's statement doesn't seem like an empty threat at all. And it's likely we'll see at least a few other states start to do the same.


Even before the Supreme Court's ruling last summer, some states have prosecuted women who self-induce abortion or attempt to. 


Though the charges were later dropped, Texas last April jailed Lizelle Herrera for two days on murder charges after accusing her of a self-induced abortion when she miscarried. 


Georgia has done the same (though also dropping the charges eventually). 


And an Indiana woman, Purvi Patel, was sentenced to 20 years in prison for feticide after allegedly taking abortion pills that caused her to have a stillbirth."


The entire story can be read at:


women-who-take-abortion-pills-could-face-criminal-charges-alabama-attorney-general-says


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;


SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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