Assuming abortion is murder what should...?

Question

be the penalty? This question is ask because if the Sumpreme Court overrule Woe vs. Wade then abortion would be a crime, not just for the doctor but for the patient.

Answer 1

You are incorrect. Overruling Roe v. Wade would not make abortion illegal, this is a common misconception. Roe v. Wade and its progeny actually just say that there is a Constitutional right in certain circumstances to have an abortion. If Roe v. Wade were overturned, abortion would still be legal in most if not all places, as I don't know of any states with anti-abortion statutes on the books. Florida, for instance, has a Constitutional amendment making abortion a constitutional right under the Florida constitution. Therefore, even if Roe were overturned, the Florida legislature could not prohibit abortion procedures. This is all, of course, assuming the Supreme Court doesn't say a fetus is a life that has due process rights, in which case abortion would likely be illegal in all states.

Penalty in states where it is illegal - same as murder.

*EDIT*

Coragryph is incorrect. A state could not make a law prohibiting a couple making less than $30k from reproducing. Just because abortion is no longer a fundamental right, reproduction would still be, in both state and U.S. Constitutions. Further, even if it were not a fundamental right, that law would likely be violative of the Equal Protection Clause of the 14th Amendment.

And while it is about who gets to make the decision, coragryph has it wrong. The government has made the decision as of present through nonsensical Supreme Court case law. What we want is the freedom to choose, to freedom to vote on this issue. This issue should be left to the states so that the citizens can decide whether or not this procedure should be legal. It is we the conservatives that want less government, the liberals want more government as long as it makes the choices they want, we just want the ability to vote and make the choice, rather than have 5 elitest liberal lawyers decide for us.


Cheyenne, if you are correct that 80% is pro-life (which you are completely making up that statistic) then why hide behind a made up constitutional right, why not let people vote on the issue at the state level? A facist with fake stats is what you are.



Skullerman, Hitler had those same views, good for you. Maybe if abortion weren't such an easy option people would be a little more particular about who they slept with and use protection more regularly, resulting in less unwanted pregnancies.

Answer 2

That's like saying... assuming all sex is rape, what should be the penalty.

If you completely change the laws to define abortion as murder, then the penalty is the same as murder. By definition.

But first, Roe v. Wade is not the current law on the issue. Roe was already partially overturned in 1992 by Planned Parenthood v Casey, which set the "undue burden" standard -- that's what allows abortion to be regulated at all.

And if Casey (and a dozen other cases) were overturned, then it would still be up to the states to determine what is legal or illegal. But that's where things go very different than what anti-choice people assume.

But if the Supreme Court decides that reproductive rights are not fundamental rights, if women lose the individual right to choose, and the government makes all the decisions. Try to imagine what could happen, if all reproductive rights are now subject to state control.

New York or Florida could pass a law saying that anyone making less than $30K per year cannot have children, and must abort any pregnancy, because they obviously cannot support them financially. No constitutional challenge, because reproductive rights are no longer nationally protected. It's up to the states to decide.

Or North Carolina or Texas decides that convicted felons should never have children, and starts imposing mandatory sterilization as part of criminal sentences. No constitutional challenge, because reproductive rights are no longer nationally protected. Let the states decide. Right?

South Dakota has already outlawed abortion, even in the case of rape or incest or permanent harm to the mother. Then, they decide that they have too little population, and require every female under the age of 28 who is not celibate to have at least one child. Or mandating that women serve as surrogates. No constitutional challenge, because reproductive rights are no longer nationally protected.

Once the right to reproductive privacy is taken away by the court, it will be decades before it can be reestablished. Conservatives better start praying, if they get their wish, that during that time they don't become the minority under a legislation that decides to require abortions. Because, once that right to personal choice is lost, the government will always be able to decide whether you can have children or not.

Overturning the constitutional protections for the right to choose doesn't make abortion illegal. It just allows the states to do anything they want -- from prohibiting abortion entirely, to making abortion mandatory. That's the point of the debate. It's not about WHETHER abortion is good or not.

It's only about WHO gets to make the decision -- the individual or the govt.

Answer 3

Wow, look at all the creative ways of dodging the question! At least a few people are honest enough to admit that making abortion illegal as murder would mean putting the formerly-pregnant woman in jail or in the electric chair.

Answer 4

Murder 1. Life in prison is generally the sentence.

Answer 5

You know the old saying about 'assume'. It makes an as* of U and ME'. Wait for the court to decide.

Answer 6

I do not agree with abortion and feel it is a crime. I have a few friends who have done this and do not agree with them however stood by them as a shoulder if they needed it. I feel that all abortions should illegal and puishable in some way. However, am I the one to make the choice on what that punishment should be? I am affraid not but maybe if everyone was required to vote on it we would find the majority rules?!

Answer 7

Well, you just asked this question so I'll just copy and paste my answer.

It won't be overturned. More people are pro choice than pro-life. Actually, only about 20% of the country is pro-life, the rest is pro-choice. The reason that it seems the other way around is because the pro-lifers are so loud and obnoxious. The pro-choicers just let each person make their own decisions. Since 80% of this country is pro-choice, they would Never overturn Roe vs Wade.

EDIT: Yes, Amanda- we would find that the majority rules---- and the majortity of the U.S is pro- choice!!!

Answer 8

Well I would like to know who is going to take care of all those unwanted children if women don't have the right to choose?
How is going to feed, cloth, house, educate, and god forbid try to keep them out of trouble because they feel unloved that their own parent's don't want them or cant for one reason or another.
Guess us tax payers fit the bill, for all of it and prison if they go beyond. Now I am sure many of them grow up great but I would like to see the stats on how many do and don't.
Also if the fetus is considered human how come we arent 9 months when we come out into the world. we start at zero?

Answer 9

Sorry, I won't play that game. Why would I assume that? It's not, and the current law supports that reasoning. And guess what? All of those Republicans politicians that you anti-abortionists elected sure fooled you. They will say anything to get a vote, but once in office they avoid controversial decisions.

Answer 10

If Roe V Wade have been overruled abortion might desire to be made a criminal offense yet won't be. All effects for abortion have been proposed against the usually used practitioner. on each occasion a clinical technique is outlawed the enforcement is agaianst the appearing usually used practitioner. This makes unlawful abortions a lot greater probably to be executed with the aid of somebody who isn't a doctor. it particularly is unlawful now and nurses appearing clinical surgical procedures of all varieties have been prosecuted. combating abortion is ultimate and maximum effectivly accomplished with the aid of loving and searching after the mothers. In nature each species of animal will kill it somewhat is youthful while abandoned or disadvantaged. it particularly is your fault and you are the single that would desire to be prosecuted.