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submitted 9 months ago by MicroWave@lemmy.world to c/news@lemmy.world

The Tennessee legislature introduced a bill on Monday that targets adults who take minors out of the state to have an abortion.

The bill says that an adult who “recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of” aiding them in getting access to actions that constitute “criminal abortion” under Tennessee law “commits the offense of abortion trafficking of a minor,” despite where the action occurs.

It also notes that it would not be a viable “defense to a prosecution” if the minor consented to actions.

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[-] fsr1967@lemmy.world 66 points 9 months ago

Making it illegal to take your kid to another state to do something that's legal in the other state? Huh. The Second Civil War is going to be fought over states' rights. Specifically, reproductive rights.

[-] TransplantedSconie@lemm.ee 29 points 9 months ago

It's unconstitutional. Violates the Commerce clause.

[-] Jaysyn@kbin.social 9 points 9 months ago

And I don't see SCotUS reducing their power in that regard.

[-] 7u5k3n@lemmy.world 3 points 9 months ago

The local news had an elected leader on last night saying that this iteration of scotus is more supportive of states rights...

Granted he was talking about the state killing child rapists (which is unconstitutional by the scotus already) but they don't care.

[-] DemBoSain@midwest.social 8 points 9 months ago

4 out of 9 Supreme Court Justices don't think the Constitution grants the Federal Government access to an international border.

[-] Pips@lemmy.sdf.org 2 points 9 months ago

Full faith and credit seems a more direct violation than the commerce clause, though I'm sure both are implicated.

[-] afraid_of_zombies@lemmy.world 1 points 9 months ago

And? It isn't like the Supreme Court will care.

[-] slurpeesoforion@startrek.website 11 points 9 months ago

It'd be fun to ask these Tennessee legislators how they feel about Kyle "I'm a medic" Rittenhouse and his travel across state lines to protect private property using a not-straw-purchased firearm.

[-] afraid_of_zombies@lemmy.world 6 points 9 months ago

That of course it different. You are allowed to murder a living breathing human being, you are not allowed to end a clump of cells. As the good book teaches us

[-] Carighan@lemmy.world 5 points 9 months ago

Truly the land of the free! 🤣

[-] RestrictedAccount@lemmy.world 26 points 9 months ago

How “conservatives” want women?

Barefoot and pregnant

[-] TransplantedSconie@lemm.ee 19 points 9 months ago

And they apparently want minors.

Gross shitbags.

[-] Reverendender@sh.itjust.works 8 points 9 months ago

This will be enforced how, exactly?

[-] Zoboomafoo@slrpnk.net 8 points 9 months ago
[-] quirzle@kbin.social 8 points 9 months ago

It can't, reasonably. The "for the purpose of" wording makes it easy enough to introduce reasonable doubt so long as you hit a tourist trap while you're there and claim that as the purpose of the trip. Then the abortion was just another legal side activity you happened to partake in once you were there, like pumping gas or hitting a McDrivethru.

This is ultimately pointless pandering.

[-] Tremble@sh.itjust.works 2 points 9 months ago

Abortion is a sacrament. Abortions for Baphomet!

[-] homura1650@lemm.ee 1 points 9 months ago

These are not criminal masterminds we are talking about. These will be people who have never even considered violating the law; even as they activly violate it.

The police will get a tip that a pregnant girl is no longer pregnant. The prosecutor will have probable cause to subpeona her phone records. Her phone records will show a terrified teanager admitting to the crime.

Or they will subpoena the parent/trafficker's records. Which will show them contacting an abortion provider ahead of the trip. Probably also google searches about how to get an abortion.

If a jury "believes" their claim that they just dropped by an abortion clinic during their totally unrelated trip, it will almost always be a case of jury nullification. If these cases are actually prosecuted, I am sure we will see cases of jury nullification; but you really do not want to be relying on that.

[-] quirzle@kbin.social 0 points 9 months ago

Not being pregnant isn't a crime, so not seeing a case for probably cause. Especially not sufficient enough to pull any useful phone records, which is getting less and less possible anyway as more people move toward encrypted chats.

I suppose if the tip is specific enough to include details on the transporter, it could happen. Seems incredibly unlikely though.

Feel free to ping me and point out I'm wrong if it ever happens. Until then, still seems like nothing but political hot air to me.

[-] Evilcoleslaw@lemmy.world 1 points 9 months ago

These states have already been investigating and in some cases prosecuting miscarriages. If these laws pass it's going to happen.

[-] afraid_of_zombies@lemmy.world 5 points 9 months ago

Praying to Jesus to show them the miscreants. And then the Supreme Court will rule that as valid form of testimony

this post was submitted on 24 Jan 2024
189 points (98.5% liked)

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