General Discussion

StarfishSaver

(18,486 posts)

16. That's different

Reply to obamanut2012 (Reply #8)

Thu May 16, 2019, 10:56 AM

May 2019

Marriage is an ongoing status, not an act.

In Loving vs. Virginia, the Lovings were punished NOT because they got married out of state, but because Virginia didn't recognize their marriage and, thus, arrested and prosecuted them for miscegenation.

In this instance, the state would punish a woman for an act she completed while out of state.

Perhaps they'll claim that she left the state with the intention of having an abortion, but having an abortion in another state is not a crime in that state, they cannot hold her accountable for intending to commit a crime. Or, better stated, it would be UNCONSTITUTIONAL for them to do so - they will certainly try to do it anyway and will do it until they are stopped. That's the point - to intimidate women into not going out of state due to fear they will be prosecuted, even if the prosecution is later thrown out.

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How is it possible for a state to make something illegal in another jusidiction? [View all] ProfessorPlum May 2019 OP

If they did, no way this will be held up in court any where beachbum bob May 2019 #1

Might not have held up in a court before the Bettie May 2019 #2

A state law criminalizing something done legally in another state WILL never be held up in any court beachbum bob May 2019 #3

I'd like to believe this Bettie May 2019 #4

not a f*cking chance beachbum bob May 2019 #11

Agree StarfishSaver May 2019 #14

A pregnant Dred Scott will go to jail Generic Other May 2019 #22

never happen here and NOW beachbum bob May 2019 #23

Good point. keithbvadu2 May 2019 #42

Absolutely. This law is ridiculous. John Fante May 2019 #32

They'll do and say whatever they please. Rambling Man May 2019 #5

I wondered the same but it will be effective as a scare tactic until it is challenged. Solly Mack May 2019 #6

They deliberately packed that law with procon May 2019 #7

Loving vs. Virginia obamanut2012 May 2019 #8

That's different StarfishSaver May 2019 #16

Thanks. Watched the movie Loving last night (again.) elleng May 2019 #27

Loving made something legal underpants May 2019 #34

My concern zipplewrath May 2019 #9

conspiracy to commit a lawful act, though ProfessorPlum May 2019 #12

It could be a version of the Mann Act StarfishSaver May 2019 #17

Would be plenty of free legal help available if needed..besides, this law beachbum bob May 2019 #19

Yeah zipplewrath May 2019 #18

That would make it a federal crime. Nevilledog May 2019 #15

if you can criminalize this qazplm135 May 2019 #40

Last time I can recall when this happened CanonRay May 2019 #10

It really doesn't matter Takket May 2019 #13

South Korea does this with weed Blecht May 2019 #20

Pretty sure it does ... mr_lebowski May 2019 #30

Might actually encourage women who need to have an abortion to leave and never come back. n/t Liberal In Texas May 2019 #21

part of their plan, the explosion of 'carpetbaggers' into the Atlanta area is fucking up the RWers Celerity May 2019 #25

It isn't possible. MineralMan May 2019 #24

I think you're right wryter2000 May 2019 #26

I think evil legislators could gin up a reason. dawg day May 2019 #28

A good argument to prevent that would be the Mann Act treestar May 2019 #38

the mann act is still enforced rampartc May 2019 #39

If the state can define it as murder, then they can prosecute ... 11 Bravo May 2019 #29

Wouldn't they have to extradite them to the State where the 'murder' was committed? mr_lebowski May 2019 #31

another issue - abortion was illegal at common law, but as abortion, not murder treestar May 2019 #37

Most of the antiabortion laws are red herrings. Having them all pass at one time delisen May 2019 #33

Who smokes hemp? nope. TeamPooka May 2019 #35

They definitely cannot treestar May 2019 #36

There is precedent at the Federal level fescuerescue May 2019 #41