Sunday, February 05, 2017
Will this be the first test of Trump's new America?
The most long-lasting legacy of the Trump Administration will be the make-up of the US Supreme Court, which is likely to influence social policy in the United States for decades to come. Already, one nominee has been sent to the Senate for confirmation and there is talk of at least two more vacancies opening up in future years.
At stake is the ground-breaking 1973 judgement on abortion, Roe vs Wade as well as a host of other legal decisions and the first test for the new regime may not be long in coming if this article in the Independent is any guide.
The paper reports that a new law in the US State of Arkansas gives a pregnant woman's husband the power to stop her from having an abortion, even in cases of spousal rape:
Most second trimester abortions will also be banned by Act 45 - the Unborn Child Protection From Dismemberment Abortion Act - which will make it possible for husbands to sue doctors who carry out abortions for civil damages, or get an injunction to block the termination.
The pro-life law, which was pushed through in just two months by the state's Republican government, prohibits all dilation and evacuation (D&E) procedures, in which the physician removes the foetus from the womb with surgical tools.
D&E procedures are the safest way for women to end their pregnancies after 14 weeks of gestation, according to the American Medical Association.
But the medical procedure will now become a felony in the southern state, punishable by a $10,000 fine or six years in prison.
This is despite 683 of Arkansas's 3,771 abortions being D&E in 2015, according to the state's health department.
A clause in the legislation also states the husband of a woman seeking an abortion, if he is presumed to be the baby's father, can file a civil lawsuit against the physician for monetary damages or "injunctive relief" ― a court order that would prevent the doctor from going ahead with the procedure.
The woman’s parents or legal guardians can also sue to stop the abortion, if she is a minor.
Although a husband cannot win money in cases of “criminal conduct” against his wife ― namely, spousal rape ― he could still sue to block her from having the abortion.
This barbaric law has already been passed in onec form or another in six other states, and in all four states where the law was challenged ― Louisiana, Alabama, Mississippi and West Virginia ― it was struck down by the courts.
Holly Dickson, the legal director for the American Civil Liberties Union of Arkansas, believes that this latest bill might not be constitutional and intends to challenge it in the courts before it comes into effect. That challenge may go all the way to the United States Supreme Court, at which point we will see the impact of Trump's nominee. Could this be the death knell for Roe vs Wade?
At stake is the ground-breaking 1973 judgement on abortion, Roe vs Wade as well as a host of other legal decisions and the first test for the new regime may not be long in coming if this article in the Independent is any guide.
The paper reports that a new law in the US State of Arkansas gives a pregnant woman's husband the power to stop her from having an abortion, even in cases of spousal rape:
Most second trimester abortions will also be banned by Act 45 - the Unborn Child Protection From Dismemberment Abortion Act - which will make it possible for husbands to sue doctors who carry out abortions for civil damages, or get an injunction to block the termination.
The pro-life law, which was pushed through in just two months by the state's Republican government, prohibits all dilation and evacuation (D&E) procedures, in which the physician removes the foetus from the womb with surgical tools.
D&E procedures are the safest way for women to end their pregnancies after 14 weeks of gestation, according to the American Medical Association.
But the medical procedure will now become a felony in the southern state, punishable by a $10,000 fine or six years in prison.
This is despite 683 of Arkansas's 3,771 abortions being D&E in 2015, according to the state's health department.
A clause in the legislation also states the husband of a woman seeking an abortion, if he is presumed to be the baby's father, can file a civil lawsuit against the physician for monetary damages or "injunctive relief" ― a court order that would prevent the doctor from going ahead with the procedure.
The woman’s parents or legal guardians can also sue to stop the abortion, if she is a minor.
Although a husband cannot win money in cases of “criminal conduct” against his wife ― namely, spousal rape ― he could still sue to block her from having the abortion.
This barbaric law has already been passed in onec form or another in six other states, and in all four states where the law was challenged ― Louisiana, Alabama, Mississippi and West Virginia ― it was struck down by the courts.
Holly Dickson, the legal director for the American Civil Liberties Union of Arkansas, believes that this latest bill might not be constitutional and intends to challenge it in the courts before it comes into effect. That challenge may go all the way to the United States Supreme Court, at which point we will see the impact of Trump's nominee. Could this be the death knell for Roe vs Wade?
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He seems to be flouting the constitution of the USA when he feels like it. He does not respect the 'American way'.Is he a born again Christian who believes in the 'Creation Theory' of thinking? which to me means he is a step back into the past.
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