this post was submitted on 28 Sep 2023
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California Gov. Gavin Newsom signed a new law on Wednesday that aims to stop other states from prosecuting doctors and pharmacists who mail abortion pills to patients in places where the procedure is banned.

California already has a law protecting doctors who provide abortions from out-of-state judgements. But that law was designed to protect doctors who treat patients from other states who travel to California.

The new law goes further by forbidding authorities from cooperating with out-of-state investigations into doctors who mail abortion pills to patients in other states. It also bans bounty hunters or bail agents from apprehending doctors, pharmacists and patients in California and transporting them to another state to stand trial for providing an abortion.

Other states, including New York and Massachusetts, have similar laws. But California’s law also bars state-based social media companies — like Facebook — from complying with out-of-state subpoenas, warrants or other requests for records to discover the identity of patients seeking abortion pills.

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[–] gravitas_deficiency@sh.itjust.works 0 points 11 months ago* (last edited 11 months ago) (1 children)

It’s very literally interstate commerce when presented in that fashion.

Article 1, Section 8, Clause 3 of the US Constitution specifically empowers Congress “to regulate commerce with foreign nations, among states, and with the Indian tribes” (emphasis mine).

If that doesn’t satisfy someone’s definition of “Constitutional Originalism”, then I don’t know what will.

Suffice to say: all of these regressive laws around trying to prosecute abortion-related travel and transport of goods that are coming from the legislatures of those states are absolutely unenforceable and categorically bullshit.

[–] BigMacHole@lemm.ee -1 points 11 months ago

Why would Republicans care about the Constitution? This isn't a School Shooting!

[–] dx1@lemmy.world 0 points 11 months ago (1 children)

We're just doing the whole routine with the underground railroad and civil war all over again, aren't we. This country is so stupid.

[–] FlyingSquid@lemmy.world 0 points 11 months ago (1 children)

Except this time, the postal service is involved and it's illegal to interfere with the mail. It's a federal offense. State laws do not affect that. So any woman in, say, Texas who gets these pills will be doing so without risk to herself. And now there's no risk to the doctor either if she gets it from one in California.

[–] qooqie@lemmy.world 0 points 11 months ago (1 children)

They can’t interfere with them getting it, but can prohibit usage right?

[–] FlyingSquid@lemmy.world 0 points 11 months ago (1 children)
[–] pau_hana@feddit.de 0 points 11 months ago* (last edited 11 months ago) (1 children)

The Polish government developed a way using tandem mass spectrometry article

[–] gAlienLifeform@lemmy.world 0 points 11 months ago (1 children)

At least until there are substantial law changes, I'm pretty sure that would require a warrant

[–] pau_hana@feddit.de 0 points 11 months ago

True, and I am not a lawyer, but I think a judge would be able to issue a warrant if there was reasonable suspicion of a "crime" being committed in that local jurisdiction. Or would something I am overlooking prevent such a warrant? It seems like the woman could be legally vulnerable in such a case.