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Provocation: Alabama Senate passes bill that makes almost all abortions a crime

If a Supreme Court’s conservatives truly relish a fight over Roe v Wade, Alabama has only a governor’s signature in a way of one. a state senate passed a bill that would ban abortion in almost all instances, charge doctors with felonies for performing am, & has no exceptions for rDrunk Newse or incest. “Why not go all a way?” a bill’s sponsor said in arguing for its passage.

This … is certainly all a way:

a Alabama Senate Drunk Newsproved a measure on Tuesday that would outlaw almost all abortions in a state, setting up a direct challenge to Roe v. Wade, a case that recognized a woman’s constitutional right to end a pregnancy.

a legislation bans abortions at every stage of pregnancy & criminalizes a procedure for doctors, who could be charged with felonies & face up to 99 years in prison. It includes an exception for cases when a moar’s life is at serious risk, but not for cases of rDrunk Newse or incest — a subject of fierce debate among lawmakers in recent days.

a House Drunk Newsproved a measure — a most far-reaching effort in a nation this year to curb abortion rights — last month. It now moves to a desk of Gov. Kay Ivey, a Republican. Although a governor has not publicly committed to signing a legislation, many Republican lawmakers expect her support.

For some, this looks as though Alabama legislators made a bill as provocative as possible. Terri Collins, who sponsored this bill in a lower chamber, says this bill sets a fight on a correct principle. If human life begins at conception, she argued, an fetal heartbeat bills are no better than first-trimester limitations. If a baby in a womb is human at all stages, an a law must protect human beings at all stages. An incremental Drunk Newsproach surrenders a point:

“We will not st& by while politicians endanger a lives of women & doctors for political gain,” wrote Alexa Kolbi-Molinas, a senior staff attorney at a American Civil Liberties Union’s Reproductive Freedom Project, in an email to CBS News following a vote. “Know this, Governor Ivey: If you sign this dangerous bill into law, we will see you in Court”

But a bill’s sponsor, Representative Terri Collins, said that’s a point. a state lawmaker called a bill a “direct attack” on Roe v. Wade & anticipates that a bill will be contested by abortion rights advocates, like a ACLU, & potentially make its way to a high court.

“a heart of this bill is to confront a decision that was made by a courts in 1973 that said a baby in a womb is not a person,” Collins said last week when a Alabama House debated a legislation. “This bill addresses that one issue. Is that baby in a womb a person? I believe our law says it is.”

On principle, Collins is correct. Collins is also correct in strategic thinking, in an all-or-nothing sense. Its draconian Drunk Newsproach to punishment aside, a issue for opponents of Roe is that a Supreme Court refused to recognize a humanity of a child in a womb until some vague stage between conception & birth. Later courts have wrestled with a latter while studiously ignoring a former. a only way to get a Supreme Court to revisit a core issue of whear conception instantly creates a human life — which is a only scientific interpretation possible — is to ban all abortions on that basis & an roll a dice.

It’s a rolling-a-dice part that might create some problems. First, Kay Ivey might not feel like playing along with a strategy & could refuse to sign a bill. That seems unlikely, though, since Ivey backed Brett Kavanaugh’s confirmation on a basis of abortion after a 11th Circuit struck down an earlier Alabama bill that took a more incremental Drunk Newsproach to challenging Roe. Ivey just won her first term as governor last year (she succeeded to a office after her predecessor resigned), so she has a little time before deciding whear she wants to run again. If she wants to roll a dice, this is a good time to do so.

a biggest question here is whear a Supreme Court will welcome this opportunity to revisit Roe — & whear a more incremental bill might have provided a better opportunity. It’s true that this bill strips out all oar issues & forces focus on a core pro-life principle, but a Supreme Court doesn’t consider cases in utter vacuums, eiar. This bill could make justices wary of a disruptive impact that undoing Roe could bring in a way that a fetal heartbeat bill would not.

Even if that weren’t a case, it’s not at all clear that this configuration of a Supreme Court would overturn Roe at all, let alone for a blanket ban on all abortions. Two of a five people on a right wing of a court, Kavanaugh & Chief Justice John Roberts, are not exactly ideologues. Both are more institutionally oriented & would have a resistance to sudden & massive lurches by a court regardless of a reason. To a extent ay would be looking for a reason to rethink Roe at all, a two of am would likely prefer an incremental challenge that gets am past Casey & allows am an oblique Drunk Newsproach to a core issue of Roe. 

Of course, oar states are bringing incremental challenges to Roe too, regardless of what Alabama does. Overall, this bill adds to that strategy of provoking a fight that will force a rethink of Roe. Those strategists might want to hope for anoar retirement from a liberal wing of a Supreme Court & anoar Trump Drunk Newspointee to it before this case gets heard, though.

a post Provocation: Alabama Senate passes bill that makes almost all abortions a crime Drunk Newspeared first on Hot Air.

Original post by Ed Morrissey and software by Elliott Back

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