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.
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.
It’s unconstitutional. Violates the Commerce clause.
And I don’t see SCotUS reducing their power in that regard.
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.
4 out of 9 Supreme Court Justices don’t think the Constitution grants the Federal Government access to an international border.
Full faith and credit seems a more direct violation than the commerce clause, though I’m sure both are implicated.
And? It isn’t like the Supreme Court will care.
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.
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
Truly the land of the free! 🤣
How “conservatives” want women?
Barefoot and pregnant
And they apparently want minors.
Gross shitbags.
This will be enforced how, exactly?
Unequally
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.
Abortion is a sacrament. Abortions for Baphomet!
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.
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.
These states have already been investigating and in some cases prosecuting miscarriages. If these laws pass it’s going to happen.
Praying to Jesus to show them the miscreants. And then the Supreme Court will rule that as valid form of testimony
