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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Well the offense is being committed outside of the state where the law is. You could also argue that the states banning abortions are the ones infringing on federal law and constitutional rights, because they’re trying to enforce their laws on doctors living outside their jurisdiction.
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That would be a federal crime.
The USPS will happily punish you for that action.
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This is still a bad example due to how state and federal law works. A better example would be me buying an old school steel jerry can from say Idaho and having it shipped to where I live here in California. Even though the sale of such jerry cans are illegal in California ownership isnt, and I didnt buy it from an instate vendor.
Also I dont know if old school steel jerry cans are illegal in Idaho I was just using it as an example, they are illegal to sell in California.
Yes but the example here would be someone in Cali ordering a jerry can from Idaho and the company in Idaho mailing it to Cali. Travelling to Idaho to buy a jerry can and bring it back would be fine, but in this case getting it to Cali is a part of the purchase. The purchase is being made across state lines for something that is legal in the state the transaction is made (Idaho) but illegal in the state it’s sent to (Cali). It basically boils down to whether the act of mailing is illegal, I think.
I’m sure there must be an established precedent or something already.
Perhaps I explained it a tad badly, but that was exactly what I was trying to say.
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I get what your saying. Obviously your example doesn’t quite work, because meth is illegal in both states and federally. What we’re looking for is something legal federally and in one state, but not the other. I’m sure there must be some established precedent for this kind of thing.
This law reminds me of a similar issue before the civil war. From what I remember, the issue was that northern states were forced to send people that escaped enslavement back to the south. The north was sick of that crap, stopped, and the south got upset and formed their failed cessation.
They should try it again. Only this time we should let them go.
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So do you likewise feel it’s illegal for Texas to punish women who cross state lines to get an abortion?
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Wow, that’s so messed up. To say a person who has a residence in one state committed a crime in another state and can never go back lest they go to jail.
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I disagree and here’s why.
The 10th amendment does not constrain the state governments, and this is not an ex post facto law.
States are not required to enforce the laws of other states, and generally do not have any legal standing to challenge other states’ laws.
It is generally not legal for a state to prosecute someone for actions that took place outside of their jurisdiction.
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I don’t see that.
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How exactly does it undermine another states law. And do those state laws count only for residents of the state? Is a pregnant woman passing through a probirth state have the same legal responsibility? What if the fetus was consived in the state? What if I mail a pill to a man in a state and he misplaced the pill?
It’s probably fine, as I understand it. The law only concerns what parties under state jurisdiction may do. Federal authorities, which would be involved in an inter-state arrest like this, would not be affected.
It’s similar to sanctuary city laws, which simply state that city and state officials from cooperating with federal immigration authorities. They don’t make it illegal for those workers to operate; they simply make those officials do all the work themselves.
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No, California doesn’t. This line of thinking allowed and tried to enforce slavery.
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The fundamental point is that it is not the responsibility of California to enforce the laws of Utah. If Utah wants enforcement, they can do it themselves through the appropriate channels, namely federal law enforcement and by dealing with people who actually fall under its jurisdiction, which California doctors do not.
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A judge in New York would not see you about anything that isn’t a crime not committed in new York. Crimes have to be tried in the state where they took place. Law enforcement from different states may work together to bring you to that state where the crime happened but if the law enforcement in the state you are in doesn’t recognize the laws from that state then they can’t basically go fuck themselves and as long as you stay outta that state you’re good to go
No, you’ll just get down votes with no explanation. You are referring to that.
https://constitution.congress.gov/browse/essay/artIV-S2-C2-1/ALDE_00013632/#:~:text=A Person charged in any,having Jurisdiction of the Crime.
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