Mother Jones
There's a new bill on the block that may have reached the apex (I hope) of woman-hating craziness. Georgia State Rep. Bobby Franklin—who last year proposed making rape and domestic violence "victims" into "accusers"—has introduced a 10-page bill that would criminalize miscarriages and make abortion in Georgia completely illegal. Both miscarriages and abortions would be potentially punishable by death: any "prenatal murder" in the words of the bill, including "human involvement" in a miscarriage, would be a felony and carry a penalty of life in prison or death.
Rep. Franklin has also proposed doing away with driver's licenses. So having to demonstrate that you know what you are doing when using public roads in a dangerous vehicle is big government, but trying a woman for having a miscarriage is protecting the family.
The bill, however, shows an astonishing lack of concern for women's health and well-being. Under Rep. Franklin's bill, HB 1, women who miscarry could become felons if they cannot prove that there was "no human involvement whatsoever in the causation" of their miscarriage.
Since you cannot prove a negative, every woman who miscarries, dies.
The bill contends that Georgia is exempt from upholding Supreme Court decisions like Roe v. Wade because the Constitution's Article I only governs five crimes: counterfeiting, piracy, high seas felonies, offenses against the law of nations, and treason. According to the bill, since murder is not one of those five crimes, it should be solely governed by the state.
That is an astonishing reading of the Constitution. Rep. Franklin is clearly the greatest Constitutional scholar ever.
It has come to this. Rather than accept that the Federal government can legalize abortion nationwide, the wingnuts are engaging in classic post-hoc reasoning and making up ludicrous arguments just so long as those arguments make it possible for them to outlaw abortion.
And this Franklin guy? I feel for any women in his life, because ladies, he hates you.
Link to the bill
Quote from the bill:
...SNIP ...
When a spontaneous fetal death required to be reported by this Code section occurs
211 without medical attendance at or immediately after the delivery or when inquiry is
212 required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act,' the
213 proper investigating official shall investigate the cause of fetal death and shall prepare
214 and file the report within 30 days; and ... SNIP ...
This is the bit which requires a miscarrying woman to prove there's no human involvement:
... SNIP ...
2) 'Prenatal murder' means the intentional removal of a fetus from a woman with an
115 intention other than to produce a live birth or to remove a dead fetus; provided, however,
116 that if a physician makes a medically justified effort to save the lives of both the mother
117 and the fetus and the fetus does not survive, such action shall not be prenatal murder.
118 Such term does not include a naturally occurring expulsion of a fetus known medically
119 as a 'spontaneous abortion' and popularly as a 'miscarriage' so long as there is no human
120 involvement whatsoever in the causation of such event.
... SNIP
Another thing which has occurred to my feeble mind: a woman who does not take good care of herself could be construed per the above as being "human involvement whatsoever in the causation". For example, taking drugs. And which women are more likely to be caught in that snare? Poor ones. And black ones.
Pass this bill and fill Georgia's jails with women whose crime was having sex while being poor.