Pro-Life Republicans Again Seek To Execute Women Who Have Abortions

I previously discussed a Texas Bill that would allow for the execution of women of who have abortions, and their criminal prosecution even for mere negligence contributing to the death of their fetus. That bill died in committee, but the reactionary ideology behind it did not.

Louisiana comes along now with a very similar version entitled “The Abolition of Abortion in Louisiana Act of 2022.” You can read the text of it HERE. The proposed law right from the beginning spells out its purpose, to include religious purpose, quite explicitly:

“Acknowledging the sanctity of innocent human life, created in the image of God, which should be equally protected from fertilization to natural death, the legislature hereby declares that the purpose of this Act is to:

(1) Fully recognize the human personhood of an unborn child at all stages of development prior to birth from the moment of fertilization.

(2) Ensure the right to life and equal protection of the laws to all unborn children from the moment of fertilization by protecting them by the same laws protecting other human beings.”

There is no rape exception. There is no medical necessity exception. There is no incest exception.

There is no specified exception for even ectopic pregnancies and the statute seems to have been altered to ensure they are included in the protection given the fertilized egg. The proposed statute originally defined “person” as: “a human being from the moment of fertilization and implantation.” The bill was then amended to exclude the words “and implantation.” It now reads simply that a person is “a human being from the moment of fertilization.”

In Louisiana capital punishment is an option for any first degree murder, which includes when the victim is under the age 12, so that would be every fetus, every abortion. If this becomes law a 16 year old girl bleeding out from an illegal abortion could be saved by doctors only to be charged with murder and executed by the state.

I should add that because the fetus is deemed a “person” with all the legal protections thereof, the full spectrum of criminal homicide statutes apply. A woman could be charged with negligent homicide if her simple negligence is deemed to result in the death of a fertilized egg. Ditto for a doctor treating her, even for an unrelated matter.

A person picking up a woman from getting an abortion could be charged with aiding and abetting the murder for driving what would amount to the “get away car.”

Oh, and the proposed statute also expressly states that any Louisiana judge who fails to enforce all of this can be impeached.

Unlike the Texas bill this misogynistic tragedy did not die in committee. Just yesterday, it advanced out of committee by a solid 7–2 vote.

This is where America is heading if Alito’s law becomes the law of the land. I think many who are uncomfortable with abortion on demand have fooled themselves into believing that the kind of horror stories reflected in this bill won’t actually happen. However, it is clear, the danger is real and those supporting abortion rights are not engaging in hysteria as to the consequences of Roe being reversed.




Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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