Donald Trump was correct when he said a woman who had an outlawed
abortion would likely be punished. However, the most likely
way of ending abortions would be through regulation of those
providing medical treatment. Chris Matthews question
implied that abortion would become a criminal offense. In that case
the woman as a participant in the "crime" would be subject to
prosecution probably as an accessory, an accomplice or a
"co-conspirator". The courts might not allow prosecution unless the
woman was potentially subject to prosecution. In such a legal
environment prosecutors might use the offering of immunity from
prosecution to abortion recipients in exchange for testimony against
the abortion provider.
In American medicine medical procedures that can pose a treat to
health generally have to be approved by government. The most
likely way to prohibit abortions would be through prohibiting
specific medical procedures. This approach at the
federal level wouldn't necessarily require congressional action
because the executive branch has authority to prohibit medical
procedures.
The deaths associated with the most popular form of abortion in
which the doctor basically pokes around in the woman to pull out the
baby, sometimes in pieces, could justify prohibiting the procedures
on the grounds that it poses too significant a threat to the woman's
health. The procedure sometimes causes fatal bleeding because
the doctor cannot tell if he has caused bleeding. There is an
alternative procedure available for late term pregnancies
which poses less of a threat. Removing the baby using a
cesarean section allows the doctor to easily monitor the situation
and catch any source of bleeding. Requiring use of this
procedure for premature ending of a pregnancy would have the
benefit of the child being removed alive. This approach
to ending a late term pregnancy should give both sides
what they want. The woman would be allowed to end her
pregnancy and the child would be born alive.
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