It's important to remember that abortion WAS illegal and WAS prosecuted in all 50 states before Roe vs Wade. Fifty out of fifty.
But the type of difficulty you describe --- false prosecution because of a miscarriage --- never happened in the legal history of abortion law.
This was because abortion was more-or-less treated as a 2-victim crime --- the woman and the doctor --- and there were not prosecutions of the doctor, generally, unless he had put a woman in the ER with a ripped cervix or a lacerated uterus.
Keep in mind, too, that the death rate for human beings is 100%, and most of these, too, are "acts of God" : illness or injury. But deaths are generally not criminally investigated unless there is clear evidence of foul play.
As you mentioned, in this case of a guy inserting Cytotex into the woman's vagina, it couldn't be clearer.
If I were judge and jury, that guy wouldn't walk free until Christ comes again. And then he'd face the real judgment.
Agreed.
But the type of difficulty you describe --- false prosecution because of a miscarriage --- never happened in the legal history of abortion law.
I would certainly hope not.
We appear to be on the same page with this. My comments were mostly an indication of my mistrust of the law in a nation where selective prosecution appears to rule the day.