re: Alabama AG says he has the right to prosecute those who facilitate out-of-state abortions

Nah, but if we’re going back to originalism and the understanding of federalism and primacy of the States at the time of the Founding Fathers then we need to embrace the States as laboratories of democracy as dictated by the Full Faith and Credit clause.

I’m sure the constitutional conservatives who overwhelm the poli board agree.

What’s being missed in all of these arguments is the fact we are arguing the legality of murdering babies. The ironic thing happens to be the fact that the three sides of this issue are arguing like the three sides in the 19th century slavery debate.

He must be one of those limited small govt type of conservatives.

Anyone who read the original quote must have missed where the advisement said “could”, not “would”. It seems to be up in the air.

This isn’t aimed at Uber drivers as someone else mentioned.

It is aimed at the groups mentioned in the original quote. There are out of state organizations that are working with pro-abortion groups in the state to coordinate and finance abortions. They are physically inside the state of Alabama planning women’s abortions. That would meet the definition of conspire. And it can be argued that planning and conspiring to perform abortions in Alabama would be illegal, since abortion is illegal afterall.

conspire
[ kuhn-spahyuhr ]SHOW IPA



verb (used without object),con·spired, con·spir·ing.
1. to agree together, especially secretly, to do something wrong, evil, or illegal:

2. to act or work together toward the same result or goal:

3. to plot (something wrong, evil, or illegal)

The original quote even says it is not dependent on the abortion taking place. It is all about the conspiring. The courts will ultimately decide what is what and where lines are drawn.

But this is aimed at these groups that have moved into Alabama and are planning, coordinating, and financing abortions in the state of Alabama.

There are a lot of people in prison for murder that never pulled the trigger or even held the gun. They were just part of the robbery that ultimately resulted in a murder. There are even people in prison for crimes they didn’t physically commit, but helped plan and coordinate. So all the forum lawyers need to not act like it is unheard of for the justice system to throw everyone into the same blender.

There are right at this moment organized groups working in Alabama to get Alabama women abortions. Making all arrangements. Paying all expenses. One question is when does the act of getting an abortion actually begin? Is it the moment the actual physical abortion occurs? Or does the act of getting an abortion begin when it is planned? There are people in Michigan who are in prison for planning to abduct the governor. They didn’t do it, but talked about it. The January 6th prisoners are in prison for conspiring to overthrow the government. Obviously none of them were successful, but they are in prison for conspiring to do it. Based on that precedent, why would conspiring to perform an abortion inside the state of Alabama not be illegal?

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What I have never seen is someone prosecuted for a crime for planning to do something in a place in which it wasn't actually a crime.

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I thought the US had a way to go after sex tourists who go to other countries so they can screw kids. Is that just something we looked at doing or has it been done?

It’s on the books. But the US and Thailand don’t have the Constitution binding them together.

Two primers if you want to get into the weeds… long story short, it’s federalism and dual sovereignty.

LINK

LINK

I’m starting to realize it doesn’t but ostensibly it should

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Look up an inchoate crime

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That is what my whole post ultimately boils down to.

When does the first step of an abortion occur? It could be argued that when travel plans are made and when medical appointments are made, the first steps of an abortion have occurred. And abortion is illegal in Alabama. So thus steps have been made to commit a crime if such planning occurred while in Alabama.

The three basic categories of inchoate are attempt, solicitation, and conspiracy. So, thank you for supporting the argument that an inchoate crime occurs when an abortion is planned and scheduled, thus being attempted. Also thank you for supporting my argument that when multiple parties work together to orchestrate an abortion, they are guilty of conspiracy to commit a crime. Which is exactly what the original quote says.

If you are standing inside the borders of Alabama and make an appointment for an abortion to be performed, and then also arrange all travel, are you in the process of receiving or providing an abortion? It could be argued very logically that yes, one is in the process of an abortion. And if all this happened while physically in the state of Alabama, and since abortion is illegal in Alabama, is one guilty of a crime? Inchoate would seem to indicate yes.

That is what this all boils down to.

Thank you for supporting my argument.