Question on the abortion bill, SB 1(ss)

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  • HoughMade

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    Way back when in law school, when I took Criminal Law, they spoke of punishment as designed to promote general deterrence (punishment should make people not want to do this), specific deterrence (punishment should make this perp not want to do this again), restraint (this perp is out of society and can't do it again, for now, or ever) and rehabilitation (punishment should make the perp want to change their ways). There was some talk of a natural desire for vengeance, but that was not thought to be something the state should be involved in.

    Does that sound leftist and modernly woke?

    Are you familiar with what the Indiana Constitution of 1851 has to say about the subject?

    "The penal code shall be founded on the principles of reformation, and not of vindictive justice."

    Ind. Const. Art. 1, § 18
     
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    NGL, 240K is a lot lower than I would have guessed it cost. Especially considering the amount of money they decided to send out to people during this session, I'm surprised they didn't figure out some way of getting themselves a bigger piece of the pie.
     
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    Surprise, surprise, a lawsuit to block the law was just announced:


    And they decided to file in a Monroe County court. I'm shocked.
     

    Creedmoor

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    Surprise, surprise, a lawsuit to block the law was just announced:


    And they decided to file in a Monroe County court. I'm shocked.
    I'm not.

    The lawsuit filed in a Monroe County court claims the ban, set to take effect on Sept. 15, “strips away the fundamental rights of people seeking abortion care” in violation of the Indiana Constitution. It argues the law “will infringe on Hoosiers’ right to privacy, violate Indiana’s guarantee of equal privileges and immunities, and includes unconstitutionally vague language.”
     
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    I'm not.

    The lawsuit filed in a Monroe County court claims the ban, set to take effect on Sept. 15, “strips away the fundamental rights of people seeking abortion care” in violation of the Indiana Constitution. It argues the law “will infringe on Hoosiers’ right to privacy, violate Indiana’s guarantee of equal privileges and immunities, and includes unconstitutionally vague language.”
    Of course filing in Monroe County, where they're most likely to find a sympathetic judge, is a predictable move. I very much doubt they prevail in the long run once things move up to a higher court, but if they can get an injunction to start with, that will let them add a few more dead babies to their body count before they have to move to other states to do their grisly work. The only thing I'm mildly surprised at is that they didn't wait until even closer to the effective date in order to spin out the legal game as long as possible.
     

    Creedmoor

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    Of course filing in Monroe County, where they're most likely to find a sympathetic judge, is a predictable move. I very much doubt they prevail in the long run once things move up to a higher court, but if they can get an injunction to start with, that will let them add a few more dead babies to their body count before they have to move to other states to do their grisly work. The only thing I'm mildly surprised at is that they didn't wait until even closer to the effective date in order to spin out the legal game as long as possible.
    Dead babies, body count, grisly work. :tantrum:
    Its interesting that its ok for some conservatives to deny equal privileges and immunities to women in the State of Indiana.
     
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    Dead babies, body count, grisly work. :tantrum:
    Its interesting that its ok for some conservatives to deny equal privileges and immunities to women in the State of Indiana.
    So not wanting human babies to be killed (that's the literal, objective definition of what we're talking about here) makes one a crybaby?

    Passing a law to that effect that applies penalties equally to anyone who performs such an act, regardless of gender, is denying equality to women?

    I don't know how to even begin to engage with this sort of position.
     

    oze

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    So not wanting human babies to be killed (that's the literal, objective definition of what we're talking about here) makes one a crybaby?

    Passing a law to that effect that applies penalties equally to anyone who performs such an act, regardless of gender, is denying equality to women?

    I don't know how to even begin to engage with this sort of position.
    My advice: don't.
     

    HoughMade

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    I'm really worried about what all those men that find themselves "unexpectedly pregnant" are going to do now.
    It's 2022. If the left wants to go down the road that not only women can be pregnant, then they can live by the logical result of that which is that abortion can not be an equal protection/gender rights issue.
     

    chipbennett

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    Dead babies, body count, grisly work. :tantrum:
    Its interesting that its ok for some conservatives to deny equal privileges and immunities to women in the State of Indiana.
    Okay, I'll bite: what "equal privileges" and/or "immunities" [sic] have been denied to women in Indiana, as a result of this law going into effect?
     
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    Surprisingly (to me) the two Monroe County judges recused themselves from the lawsuit filed against SB-1, and Owen County Circuit Judge Kelsey B. Hanlon was appointed as special judge for the case. She has set a hearing for Monday, meaning that as of now no injunction has been placed, and the law will go into effect tomorrow.

    baby-clapping.gif
     
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    So I was talking with someone I know who is more involved in the pro-life movement yesterday, and it looks like our celebration may be short-lived. Apparently Judge Kelsey Hanlon, despite being a Republican, leans pretty liberal and is expected to grant an injunction against the new law. It may be overly cynical to draw this conclusion, but our suspicion is that the two Monroe County judges recused themselves from the case because they know that Hanlon would still take the pro-abortion side, and they wanted to have the optics of a Republican judge ruling against the law, in order to make the law appear more extreme.

    Here in Bloomington, the local Planned Parenthood has been steadily increasing in abortion numbers since Roe was overturned, as they bring in more and more women from Kentucky, Ohio, and even Tennessee. They used to do about 20 abortions a week on average, but that's been going steadily upwards to where they now do 30+ a week. Normally they do abortions on Thursdays, but this week they did abortions on Wednesday to beat the new law going into effect, and over 40 children were killed there yesterday. If Hanlon does grant an injunction early next week, they'll be able to pick right up again next Thursday, and it will have been business as usual for them with no change expect moving abortions one day early this week.
     

    oze

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    So I was talking with someone I know who is more involved in the pro-life movement yesterday, and it looks like our celebration may be short-lived. Apparently Judge Kelsey Hanlon, despite being a Republican, leans pretty liberal and is expected to grant an injunction against the new law. It may be overly cynical to draw this conclusion, but our suspicion is that the two Monroe County judges recused themselves from the case because they know that Hanlon would still take the pro-abortion side, and they wanted to have the optics of a Republican judge ruling against the law, in order to make the law appear more extreme.

    Here in Bloomington, the local Planned Parenthood has been steadily increasing in abortion numbers since Roe was overturned, as they bring in more and more women from Kentucky, Ohio, and even Tennessee. They used to do about 20 abortions a week on average, but that's been going steadily upwards to where they now do 30+ a week. Normally they do abortions on Thursdays, but this week they did abortions on Wednesday to beat the new law going into effect, and over 40 children were killed there yesterday. If Hanlon does grant an injunction early next week, they'll be able to pick right up again next Thursday, and it will have been business as usual for them with no change expect moving abortions one day early this week.
    Spot on, unfortunately.

     
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    Spot on, unfortunately.

    Yep, I just saw that too.

    I just don't understand the mental gymnastics some people are able to go through. Todd Rokita really put it well addressing the ridiculous arguments the pro-abortion side is coming up with:

    “The constitutional text nowhere mentions abortion, and Indiana has prohibited or heavily regulated abortion by statute since 1835 — before, during, and after the time when the 1851 Indiana Constitution was drafted, debated, and ratified.”
     

    DoggyDaddy

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