Tuesday, December 9, 2025

Criminalizing Reproduction: (Policing Pregnancy): 'Attacks on Science, Medicine and Women's Freedom of Choice: A bitter truth: Use of the criminal process to circumvent women's right to control their bodies - the civil process also generates fear and punishment of a different sort - as illustrated by The Dallas Observer (Reporter Alyssa Fields), in this article headed, ‘Cruel and Harmful’ Abortion Law in Texas Goes Into Effect- and sub-headed, "A law allowing private citizens to sue manufacturers and distributors of abortion-inducing drugs goes into effect."…“Laws like [this one] one do not stop abortions,” said Taylor Edwards, a woman who joined a widely publicized Supreme Court case challenging Texas’ abortion bans. “They stop safe abortions. They punish those of us navigating wanted pregnancies. They terrorize families. They take choices that should only belong to us and make them nearly impossible to reach. I believe that we deserve better. We deserve autonomy, and we deserve the unquestioned right to make decisions about our own bodies.”


PUBLISHER'S NOTE:  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 appalled by  the current movement in the United States (and some other countries) emboldened by the overturning of Roe V Wade,  towards imprisoning and conducting surveillance on 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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QUOTE OF THE DAY: "“In Texas, we are aware that those providing obstetrical care (emergency room providers, obstetrical providers, and family medicine providers) have to walk a tightrope with our Hippocratic Oath, knowing SB 8 and SB 4 exist, which eliminate any pregnancy termination…,” Dr. Deborah Fuller, an OBGYN with more than forty years of experience in Dallas said to the Observer in September. “With the passage of [this law], if I have any hint that I have any limitations of these medications, I have to think about the safety of performing various procedures without the safety of misoprostol.”


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STORY: "‘Cruel and Harmful’ Abortion Law in Texas Goes Into Effect," by Reporter Alyssa Fields, published by The Dallas Observer, on December 5, 2025. (Alyssa Fields is a staff writer for the Dallas Observer covering local news and politics. A 2023 graduate of the Mayborn School of Journalism, she focused on print and digital journalism and minored in political science with a concentration in international conflict. Before joining the team, Alyssa  Fields freelanced in Dallas for the Observer, the Oak Cliff Advocate, and D Magazine.)


SUB-HEADING:  "A law allowing private citizens to sue manufacturers and distributors of abortion-inducing drugs goes into effect."


SUB-HEADING: "Yet another anti-abortion law has gone into effect in Texas."



GIST: "Since the Heartbeat Act went into effect in 2021, effectively banning abortion after six weeks of pregnancy, the state has continued to further restrict abortion access, leaving women with few options, even in medically concerning situations. 

The latest anti-abortion law, which took effect on Dec. 4, allows private citizens to sue manufacturers and distributors of abortion-inducing drugs for up to $100,000 in damages per offense.

 Providers warned of the dangerous effects the bill would have on emergency obstetrics care, and now a collection of women who were forced to flee the state to acquire abortions are sharing their stories to reframe abortion and highlight the consequences of further limitations. 

“Laws like [this one] one do not stop abortions,” said Taylor Edwards, a woman who joined a widely publicized Supreme Court case challenging Texas’ abortion bans. “They stop safe abortions. They punish those of us navigating wanted pregnancies. They terrorize families. They take choices that should only belong to us and make them nearly impossible to reach. I believe that we deserve better. We deserve autonomy, and we deserve the unquestioned right to make decisions about our own bodies.”

The bill, dubbed the Woman and Child Protection Act by its conservative authors, including Collin County state Rep. Jeff Leach, allows for any Texas resident to sue any entity manufacturing or distributing abortion inducing drugs. The law specifically targets out-of-state providers, but also introduces conflicts for the state’s providers. 

“The intent is to be a very strong and unequivocal statement to those who would ship these pills into Texas that, don’t do that,” Sen. Bryan Hughes, the author of an identical Senate version, said during the 89th Legislative Session. “This is a strong statement about these pills and their harm to little babies and to women. It’s strong.”

Doctors warned of the hesitation the bill could cause in emergency obstetric care, even though the law has certain carve-outs for providers, particularly in medical emergencies, like ectopic pregnancies. But medical professionals highlighted that abortion-inducing drugs have extensive daily uses, and introducing the fear of litigation is only going to introduce doubt in situations where seconds can make the difference between life and death. 

“In Texas, we are aware that those providing obstetrical care (emergency room providers, obstetrical providers, and family medicine providers) have to walk a tightrope with our Hippocratic Oath, knowing SB 8 and SB 4 exist, which eliminate any pregnancy termination…,” Dr. Deborah Fuller, an OBGYN with more than forty years of experience in Dallas said to the Observer in September. “With the passage of [this law], if I have any hint that I have any limitations of these medications, I have to think about the safety of performing various procedures without the safety of misoprostol.”

The new law comes in the wake of a years-long litigative battle between the state, led by Texas Attorney General Ken Paxton, and a New York provider accused of prescribing abortion-inducing drugs to Texas women. 

New York’s shield laws protected the accused doctor from having to pay six-figure damages, though the courts sided with Paxton.

 Government entities are not permitted to file suits under the new law, but it could set the groundwork for further precedent-setting cases that would allow the state to circumvent shield laws, according to John Seago, president of one of the lobbying organizations pushing the bill, Texas Right To Life. 

“We think there is going to be a kind of this standoff between Texas and New York that maybe goes back to the Supreme Court,” Seago said to The Guardian. “I would be very interested to get that case. We’re actually looking to spur that on.""

The entire story can be read at: 

https://www.dallasobserver.com/news/texas-now-allows-residents-to-sue-medical-abortion-providers-40623276/

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

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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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