LGC 11.54 — Reproductive Health Reform Act — PASSED (user search)
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  LGC 11.54 — Reproductive Health Reform Act — PASSED (search mode)
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Author Topic: LGC 11.54 — Reproductive Health Reform Act — PASSED  (Read 393 times)
Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW
« on: February 04, 2023, 06:25:18 PM »

Thank you, Speaker ZMUN.

The legislation on the floor proposes a balanced and commonsense approach to reproductive health policy.

The rather controversial L.C. 10.11 was enacted in 2021 following the governor's veto, and it significantly restricted abortion access for women, in addition to creating a wide range of criminal penalties for doctors. It is important to emphasize that the introduction of such penalties was, and is, wholly unnecessary. Infanticide is already a criminal offense and in the extraordinarily rare case of a "botched" abortion by a medical professional, those responsible will be held liable for homicide. The issue with Sections 2 through 6 of the original law is that they are designed to intimidate doctors for performing legal reproductive procedures. Removing these will reassure medical professionals and prospective patients that abortion is safe in Lincoln.

This new legislation does not propose a blanket repeal, however. To provide a middle-ground, I have retained the removal of Sec 7a2 of L.C. 6.21 concerning fetal viability. This bill also retains the addition of "physical health" to Sec 7a3. I believe this is a fair approach that will ensure access to reproductive health throughout the region.

Lastly, the proposal outlined in Sec 7b is designed to provide legal protection for women seeking reproductive care in the region of Lincoln. If we are to stand by the right of women to access safe healthcare services, it is my view that the introduction of such legal protections is of paramount importance.
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Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW
« Reply #1 on: February 04, 2023, 08:37:28 PM »

Under federal conflict of laws principles, a judgment in a Region other than Lincoln can not give rise to liability within Lincoln. Lincoln has no personal jurisdiction over a party situate in a different Region, and the filing of a lawsuit outside the territorial bounds of Lincoln is not consent to civil jurisdiction within Lincoln.

In the event that a region passes a law to allow private right of action for anyone to prosecute any/all reproductive health providers or patients engaged in such services, whether the provider or patient resides in that region or any other, this bill is designed to protect potential Lincolnite victims from that liability. This allows recoverable damages and disallows Lincoln judges from issuing a subpoena or summons based on the laws of another region, or country. This does not permit Lincoln to take personal jurisdiction over the laws of any other region. In other words, a private citizen from another region cannot sue a Lincoln-based healthcare provider for providing abortion services.

Further, ignoring the lawful extradition orders of another Region violates the Full Faith and Credit clause of the Constitution. (b) other than (b)(2) is legally dubious at best.

This does not violate any section of the Constitution.

The proposed Section 7b2 restricts the access of health care records by plaintiffs in any potential civil "bounty" case, and allows the victim the right to recover legal costs. I do not see how this is legally dubious.
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Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW
« Reply #2 on: February 09, 2023, 03:11:05 PM »

Aye
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