A plugged salt shaker GOOD MORNING!!! to you all! Yup, Newbie likes the taste of salt. So, she licks the top of the salt shaker. And now it is plugged. If it ain’t one thing it’s another!
Free For All Friday Ed-vise today. Cause it’s FRIDAY! OPEN MAT; PIZZA NIGHT!
O-KLA-HOMA! OKLAHOMA! OKLAHOMA! OKLAHOMA! (as said by Rupricht from Dirty Rotten Scoundrels)
Those crazy Okies passed a law that outright bans abortion. Outright! Like straight up says “No More.”
They did it on the premise that Roe will be over turned. Remember, IT HASN’T! The draft opinion is NOT rule of law.
Still, Oklahoma, under HB 4327 makes it illegal for a doctor to knowingly perform and abortion. Much like Texas (God bless Texas) the enforcement is through the civil courts rather than the state using criminal actions.
Couple of unique things about this. Perhaps Loop Holes, that I see.
First, for a defendant (doctor), it is NOT an affirmative defense if the mother consented. Affirmative defense is something a defendant would plead and be found innocent if the defense was proven true (short answer).
The bill blatantly ignores if the father consents. Furthermore, it specifically EXCLUDES the rapist, sexual assaulter, and the incest purveyor. LOOP HOLE: if a doctor rapes a woman, gets her pregnant then aborts the fetus, the doctor is unable to be sued under this law. Interesting.
Second loop hole is a potential and will require a bit of legal thought. Perhaps a Monday Musings conversation.
What the bill says is that if a person goes out of Oklahoma to obtain an abortion, the cause of action shall be brought in, basically, the place that the abortion occurred. Meaning that if the person from Oklahoma comes to Oregon and has an abortion, the plaintiff wanting to sue the doctor must do so in an Oregon court. Meaning the state of Oklahoma will try to make the state of Oregon decide the Oklahoma issue.
The State of Oregon would not be able to hear the case because the state would not have jurisdiction. That would mean the case would have to go to the federal court in Oregon. And, in my opinion, I don’t think the Oregon Federal Court would have jurisdiction either.
And THAT, my friends is what I will Muse on this weekend.
Let’s face it people, the anti-abortion crowd has been ACTIVELY mobilizing, politically, to get it banned. The family planning crowd has been sitting on it’s laurels happy with Roe. It’s time for the family planning crowd to get with the program and start getting people elected that believe in family planning! If Oklahoma and the others aren’t a wake up call, I don’t know what is!
I’m just saying
That’s it for today. Take care of yourselves. Check in on each other and remember the person that proofread Hitler’s speeches was an actual…GRAMMAR NAZI! HAHAHAHHAA…hmmm