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To: OrthodoxPresbyterian
How would such a ban be enforced? Would the police review medical charts to ensure doctors didn't assist in abortion? How would you keep a savvy girl from taking a massive dose of progesterone? And what about the hapless, desperate girl who decides to use a coat hanger? A blanket ban must address these issues.

probably the great majority of abortions would continue to go unreported and unprosecuted; but the State would, at least, have the authority to bring prosecution in those cases where enough evidence of the crime is reported to allow a prosecution to occur

Doesn't the prospect of selective prosecution scare you? It bothers me a lot, because it invites blackmail or capricious prosecution.

I'm approaching the question from my perspective that a bad law, an unenforceable law is worse than no law at all. Morally, I'm as pro-life as anyone on this board. I just don't see how to make it work from a Constitutional Law standpoint nor from a policy standpoint.

79 posted on 02/05/2007 12:28:03 PM PST by jude24
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To: jude24; Diamond
How would such a ban be enforced?

The same way that laws against murder are enforced now. If sufficient hard evidence -- like, say, a body in a dumpster -- is reported to police, detectives will be dispatched to investigate whether or not a crime has occurred.

Would the police review medical charts to ensure doctors didn't assist in abortion?

Only if there were sufficient evidence to persuade a sitting judge to issue detectives a warrant for such investigation. You know, like in a regular murder investigation?

How would you keep a savvy girl from taking a massive dose of progesterone?

I don't imagine you could.

And savvy wife-abusers are able to keep Sallie-Mae from talking about "hubby gittin' a lil temper up"; but we still keep spousal abuse illegal, and dispatch detectives to investigate where there is hard evidence.

And what about the hapless, desperate girl who decides to use a coat hanger?

Mostly a myth, even pre-Roe.

The vast majority of abortions performed pre-Roe were performed by licensed physicians who liked to score some extra cash. Occasionally, however, one of them would slip up and leave a bag of dead babies in a dumpster, and they would be caught and prosecuted. Thus, even though most abortions went unreported and unprosecuted, society was still able to maintain at least a modicum of legal protection for unborn children, as well as maintain a strong social stigma favoring adoption and other non-violent alternatives.

81 posted on 02/05/2007 1:11:37 PM PST by OrthodoxPresbyterian (We are Unworthy Servants; We have only done Our Duty -- Luke 17:10)
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