Tuesday, March 07, 2006

When's an accomplice not an accomplice?

Big news in SD is the passing of the anti-abortion bill. No need to go too far into this as it is a long way from reality as it breaks current law. But I do have this to say...
One, I didn't know the states could pass a law that obviously breaks US Federal Law. I think that's cool. I get that the whole thing is just a ploy to get it in front of the Supreme Court, but I just didn't know you could do that.
Two, a lots been made about the no rape/incest exemption, but to me it makes sense in the scope of the argument.
Three, they did keep a "health of the mother" clause. Good move, this is where the partial birth abortion ban errs.
Four, for some reason it always makes me snicker to read that Planned Parenthood operates the only abortion clinic in the state. I get that there are like 27 people in the SD, but some cities have more than one clinic per block, much less one for the whole state. Clearly not a big demand in SD.
Five, leaving the ability for Dr's to prescribe drugs before pregnancy is confirmed seems like a biiig loophole. Woman: "Dr. I'm scared I'm pregnant. I don't want to be." Dr: "Here, take these and come back in a week and we'll take a look."
Six, and most interestingly. While any Dr. performing an abortion faces five years in the slammer, the mother cannot be charged. How does that work? Regardless of anything else, I think this is a stupid law because of that little gem. Seriously, what's the thinking there? How is the mother not culpable? If its a crime, surely she's the prime mover/suspect. It's not like Dr's are trolling the streets trying to convince unsuspecting women to have an abortion. This is a truely bizzare clause. It strikes me as "my daughter may have done wrong by getting an abortion, but I don't want her going to jail. But abortion is wrong, and we have to do something. I know, let's nail the Drs." It's either a crime or it isn't, jail everyone involved, or jail no one.

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