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Posted
  On 4/10/2022 at 12:58 AM, pyrohornIII said:

She's out on bond already.   I feel for her, because her life and the lives of her family is about to be in the middle of a shitstorm.   I don't think she did this as a publicity stunt, but I guess we will find out.

I just hope that the fucker who knocked her up without b/c gets called out too.   

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irresponsible ejaculators aren't the issue

Posted (edited)
  On 4/9/2022 at 10:00 PM, Neonmoon said:

https://www.reuters.com/world/us/protesters-gather-outside-texas-jail-after-reported-abortion-arrest-2022-04-09/
 

Charged with murder. 
 

The law bans abortions at around six weeks, a point when many women do not yet realize they are pregnant, with no exception for pregnancies resulting from rape or incest. read more .

The Texas law enables private citizens to sue anyone who performs or assists a woman in getting an abortion after embryo cardiac activity is detected. Individual citizens can be awarded a minimum of $10,000 for successful lawsuits.

The U.S. Supreme Court in December left the ban in place but additional legal challenges are pending.

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The article does not cite any language from the new law providing for criminal penalties such as murder just states individuals can sue providers and those who assist. 

Edited by Sawbonz
Posted
  On 4/10/2022 at 12:58 AM, pyrohornIII said:

I just hope that the fucker who knocked her up without b/c gets called out too.   

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Not a chance. Why would he? He's not the slut that got knocked up; boys will be boys; she tricked him; etc, ad infinitum. 

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Posted
  On 4/9/2022 at 9:29 PM, Sawbonz said:

Anybody have any more details on this? The new law is a civil statute correct? No one can be held on criminal charges based on a civil statute can they?

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  On 4/9/2022 at 10:00 PM, Neonmoon said:

https://www.reuters.com/world/us/protesters-gather-outside-texas-jail-after-reported-abortion-arrest-2022-04-09/
 

Charged with murder. 
 

The law bans abortions at around six weeks, a point when many women do not yet realize they are pregnant, with no exception for pregnancies resulting from rape or incest. read more .

The Texas law enables private citizens to sue anyone who performs or assists a woman in getting an abortion after embryo cardiac activity is detected. Individual citizens can be awarded a minimum of $10,000 for successful lawsuits.

The U.S. Supreme Court in December left the ban in place but additional legal challenges are pending.

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  On 4/9/2022 at 11:58 PM, Neonmoon said:

SB8 legislates that 

SECTION 2. AA The legislature finds that the State of Texas never repealed, either expressly or by implication, the state statutes enacted before the ruling in Roe v. Wade, 410 U.S. 113 (1973),that prohibit and criminalize abortion unless the mothers life is in danger. 

Under the Texas penal code 

2A TEXAS PENAL CODE art. 1191, at 429 (1961):

If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent any drug or medicine, or shall use towards her any violence or means whatever externally or internally applied, and thereby procure an abortion, he shall be confined in the penitentiary not less than two nor more than five years if it be done without her consent, the punishment shall be doubled. By 'abortion' is meant that the life of the fetus or embryo shall be destroyed in the woman's womb or that a premature birth thereof be caused.

 

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  On 4/10/2022 at 2:54 AM, Sawbonz said:

The article does not cite any language from the new law providing for criminal penalties such as murder just states individuals can sue providers and those who assist. 

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See above 

Posted
  On 4/10/2022 at 1:12 PM, Neonmoon said:

 

 

 

See above 

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I’m not a lawyer, but I don’t see “murder” anywhere in the legal text you quoted. The article states she was charged with murder, not having an illegal abortion. The statute you are quoting states the penalty for performing an illegal abortion is 2 to 5 years. As far as I can tell that is not the charge here. 

Posted
  On 4/10/2022 at 1:38 PM, Sawbonz said:

I’m not a lawyer, but I don’t see “murder” anywhere in the legal text you quoted. The article states she was charged with murder, not having an illegal abortion. The statute you are quoting states the penalty for performing an illegal abortion is 2 to 5 years. As far as I can tell that is not the charge here. 

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https://www.nbcnews.com/news/us-news/woman-faces-texas-murder-charge-self-induced-abortion-rcna23739

  Quote

 

Herrera was arrested and served with an indictment on the charge of Murder after Herrera did then and there intentionally and knowingly cause the death of an individual by self-induced abortion,” Delgado said.

Delgado did not say under what law Herrera has been charged. He said no other information will be released until at least Monday because the case remains under investigation.

Texas law exempts her from a criminal homicide charge for aborting her own pregnancy, University of Texas law professor Stephen Vladeck told The Associated Press.

“(Homicide) doesn’t apply to the murder of an unborn child if the conduct charged is ‘conduct committed by the mother of the unborn child,’” Vladeck said.”

 

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Seems like there is a bit of confusion by everybody. This professor is interpreting the penal code as it’s currently written that abortion by a mother is exempt under homicide charge 

SB8 says the laws pre Roe v Wade are the true laws. You astutely pointed out it doesn’t say murder, just abortion. 

Starr County is charging her with knowingly killing an individual. 

They might be taking a big leap by arguing fetuses have the same legal rights as birthed humans. Either they will reduce the charges, or this will be another Supreme Court case on deciding if fetuses have the same legal rights as birthed. 

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Posted
  On 4/10/2022 at 2:13 PM, Neonmoon said:

Either they will reduce the charges, or this will be another Supreme Court case on deciding if fetuses have the same legal rights as birthed. 

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I'd bet the court will rule that fetuses have a right to healthcare and birth.

 

...

 

And then they have no right to healthcare after birth. Get to work, poor people. Insurance industry leeches gotta eat too

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Posted

Wait . . . did she actually take Plan B, as I've heard, which is an emergency contraception?  If so, under what law (state or federal) does that constitute "abortion"?

This case is confusing, to say the least.  Need Cliff's Notes.

Posted
  On 4/10/2022 at 6:38 PM, jimmyjazz said:

Wait . . . did she actually take Plan B, as I've heard, which is an emergency contraception?  If so, under what law (state or federal) does that constitute "abortion"?

This case is confusing, to say the least.  Need Cliff's Notes.

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Well if you believe what your local grifter preacher told you about sky daddy's views on life starting at conception, then it would be an abortion.

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Posted

That hospital and the individual healthcare worker(s) involved in reporting this need to face the highest fine available for divulging protected health information. The feds need to make a big example of them

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Posted
  On 4/10/2022 at 9:51 PM, Sawbonz said:

That hospital and the individual healthcare worker(s) involved in reporting this need to face the highest fine available for divulging protected health information. The feds need to make a big example of them

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Yeah I was curious how HIPAA would play into this, since there are exceptions for law enforcement reporting:

To report PHI to a law enforcement official reasonably able to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public. To report PHI that the covered entity in good faith believes to be evidence of a crime that occurred on the premises of the covered entity.

And since the provider can argue a """good faith""" defense that they thought a crime had occurred, I'm frankly pretty worried that nothing will happen. Or at the very least, any action will be stymied by a partisan judiciary and an ineffectual AG. 

Posted
  On 4/10/2022 at 10:13 PM, Captainant said:

Yeah I was curious how HIPAA would play into this, since there are exceptions for law enforcement reporting:

To report PHI to a law enforcement official reasonably able to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public. To report PHI that the covered entity in good faith believes to be evidence of a crime that occurred on the premises of the covered entity.

And since the provider can argue a """good faith""" defense that they thought a crime had occurred, I'm frankly pretty worried that nothing will happen. Or at the very least, any action will be stymied by a partisan judiciary and an ineffectual AG. 

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Fuck all of that. If Biden’s DOJ is serious about pushing back on this bullshit they need to go nuclear on them and make it clear that reporting these things has consequences. The govt doesn’t have to win the case. Make the entity spend a shitload of money defending itself. Bankrupt the piece of shit who reported it and make them a pariah for any other hospital or clinic to hire. 

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Posted

Ya know I’ve been thinking about all those men who, over the years, have poo pooed women holding abortion as a “litmus test” and sagely mansplaining about Roe and Casey and “settled law”.

To all those men?

FUCK ALL THE WAY OFF

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Posted
  On 4/10/2022 at 5:39 PM, Bama Chick said:

Thank god but this is still going to have a chilling effect on women seeking medical care and probably end up severely harming and killing some of them.
 

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It wouldn't surprise me at all if they knew they'd be dropping the charges before they arrested her.  Mission accomplished on putting women in their place.

Posted

The Washington Post has a write-up on this story, and it looks like it's the Valley-ist story to ever come out of the Valley.  

The exact details are a little sketchy, but apparently the assistant district attorneys in Starr County are allowed to practice civil litigation on the side.  Like--for private clients.  There are plenty of district and county attorneys who do civil litigation representing the county.  But I've never heard of them being able to represent non-governmental clients in car-wreck cases and the like.

So the ADA who brought the case to the grand jury . . . and this is where it gets really, really Valley . . . represents the woman's estranged husband.  He filed for divorce the same day the ADA brought the case to the grand jury.

So, yeah--the County is going to get sued.  And guess what--the taxpayers are going to be on the hook for a great big settlement.  So that's nice.

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Posted
  On 4/13/2022 at 3:23 PM, Ghost of LL said:

The Washington Post has a write-up on this story, and it looks like it's the Valley-ist story to ever come out of the Valley.  

The exact details are a little sketchy, but apparently the assistant district attorneys in Starr County are allowed to practice civil litigation on the side.  Like--for private clients.  There are plenty of district and county attorneys who do civil litigation representing the county.  But I've never heard of them being able to represent non-governmental clients in car-wreck cases and the like.

So the ADA who brought the case to the grand jury . . . and this is where it gets really, really Valley . . . represents the woman's estranged husband.  He filed for divorce the same day the ADA brought the case to the grand jury.

So, yeah--the County is going to get sued.  And guess what--the taxpayers are going to be on the hook for a great big settlement.  So that's nice.

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Seems like there should be a strong argument that the ADA who brought this case shouldn't get prosecutorial immunity here, but I have no idea if there's any exception for something like this.

Posted
  On 4/13/2022 at 3:23 PM, Ghost of LL said:

The Washington Post has a write-up on this story, and it looks like it's the Valley-ist story to ever come out of the Valley.  

The exact details are a little sketchy, but apparently the assistant district attorneys in Starr County are allowed to practice civil litigation on the side.  Like--for private clients.  There are plenty of district and county attorneys who do civil litigation representing the county.  But I've never heard of them being able to represent non-governmental clients in car-wreck cases and the like.

So the ADA who brought the case to the grand jury . . . and this is where it gets really, really Valley . . . represents the woman's estranged husband.  He filed for divorce the same day the ADA brought the case to the grand jury.

So, yeah--the County is going to get sued.  And guess what--the taxpayers are going to be on the hook for a great big settlement.  So that's nice.

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I’m sure the state bar will be all over this 

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Posted

I don't claim to remotely understand what everyone is saying or doing, but I've been surprised by the relative silence about abortion basically become illegal in Texas. By all appearances, it's not even a major issue for the Nov elections. Obviously it's early in the year.

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Posted
  On 4/13/2022 at 5:12 PM, Nice Guy Eddie said:
I don't claim to remotely understand what everyone is saying or doing, but I've been surprised by the relative silence about abortion basically become illegal in Texas. By all appearances, it's not even a major issue for the Nov elections. Obviously it's early in the year.

I can’t speak for Texas women but I would be leery of shooting my mouth off about abortion in this climate.

Especially in public or around strangers - I don’t want some preachy busybody to call the bounty hunters or sheriff on me or some Karen to call my job.

These laws are working as designed. Driving women and their high falutin opinions underground.

You men are going to have to be loud vocal allies on this.
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Posted
  On 4/13/2022 at 5:23 PM, hpslugga said:

All starts with the dancing

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Not according to the joke I heard.

Q: Why are Mennonites against sex while standing?

A: Because it might lead to dancing.

I know that joke is told about lots of other religious sects but that’s how I learned it. 

Posted
  On 4/10/2022 at 1:12 PM, Neonmoon said:
See above 

First. That section of SB 8 is a “finding”, which does not carry any effect.

Second, in effect, statutory construction would mandate that the most recent and specific of two conflicting provisions will control. IOW, it is essentially repealed by the later adopted conflicting language.
Posted
  On 4/10/2022 at 5:39 PM, Bama Chick said:
Thank god but this is still going to have a chilling effect on women seeking medical care and probably end up severely harming and killing some of them.



Cool. Then why. The. Fuck. Did. Your. Office. Indict. Her.?
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Posted
  On 4/13/2022 at 5:12 PM, Nice Guy Eddie said:

I don't claim to remotely understand what everyone is saying or doing, but I've been surprised by the relative silence about abortion basically become illegal in Texas. By all appearances, it's not even a major issue for the Nov elections. Obviously it's early in the year.

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This is because the Democrats are the Washington Generals of politics. 

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Posted
  On 4/13/2022 at 3:23 PM, Ghost of LL said:
The Washington Post has a write-up on this story, and it looks like it's the Valley-ist story to ever come out of the Valley.  
The exact details are a little sketchy, but apparently the assistant district attorneys in Starr County are allowed to practice civil litigation on the side.  Like--for private clients.  There are plenty of district and county attorneys who do civil litigation representing the county.  But I've never heard of them being able to represent non-governmental clients in car-wreck cases and the like.
So the ADA who brought the case to the grand jury . . . and this is where it gets really, really Valley . . . represents the woman's estranged husband.  He filed for divorce the same day the ADA brought the case to the grand jury.
So, yeah--the County is going to get sued.  And guess what--the taxpayers are going to be on the hook for a great big settlement.  So that's nice.

That answers my question below. That ADA needs to fired ASAP and disbarred.
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Posted
  On 4/13/2022 at 6:04 PM, Nice Guy Eddie said:

Is there really a Democrat party of Texas? I'm sure it exists but there doesn't appear to be any real organization. 

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More than there used to be. But national Democrats should be raising hell about this too, and they've been absolutely silent since the federal government filed its lawsuit that SCOTUS pissed on. They're just so fucking scared of ever trying to do actual politics about anything that might even be remotely controversial to some mythical middle aged moderate white couple in Iowa. 

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Posted
  On 4/13/2022 at 5:12 PM, Nice Guy Eddie said:

I don't claim to remotely understand what everyone is saying or doing, but I've been surprised by the relative silence about abortion basically become illegal in Texas. By all appearances, it's not even a major issue for the Nov elections. Obviously it's early in the year.

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I don't think it's that surprising that underrepresented poor women are getting fucked over and no one gives a shit.  I am like you, when I momentarily assume that other people are thinking this through intelligently, surprised that this issue so fundamentally affects one group of persons, and they don't hold politicians hostage who oppose abortion.

I'd like to think that if the government mandated castration after age 20 about 99% of us would stick together to fight it.

Posted
  On 4/13/2022 at 6:09 PM, wildcat09 said:

More than there used to be. But national Democrats should be raising hell about this too, and they've been absolutely silent since the federal government filed its lawsuit that SCOTUS pissed on. They're just so fucking scared of ever trying to do actual politics about anything that might even be remotely controversial to some mythical middle aged moderate white couple in Iowa. 

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DailyShow-couple.jpg

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Posted
  On 6/15/2022 at 12:50 PM, Pancho said:

 

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Counterpoint: Their religion didn't spend the past 50 years funding political campaigns to ensure their version of beliefs were the majority on the Supreme Court. In this country, that beats silly things like legal precedence and rights. 

 

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