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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 09-06-2021, 01:55 PM   #1
theotherguy1
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Default Texas New abortion bill

I have two questions:

The bill allows a private citizen to sue if a woman gets an abortion after a heartbeat is found. Here are my questions.

Because of Hippa how will a private citizen know? If they file a suit and lose can the defending party file a countersuit?

A lawsuit against a doctor could hurt his business thus making it an expensive countersuit.
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Old 09-08-2021, 03:42 PM   #2
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Not to mention being sued will raise a doctor’s malpractice insurance. I’m wondering what the effect will be on OBGYN’s practicing in Texas.
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Old 09-09-2021, 10:35 AM   #3
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Quote:
Originally Posted by theotherguy1 View Post
I have two questions:

The bill allows a private citizen to sue if a woman gets an abortion after a heartbeat is found. Here are my questions.

Because of Hippa how will a private citizen know? If they file a suit and lose can the defending party file a countersuit?

A lawsuit against a doctor could hurt his business thus making it an expensive countersuit.
This likely won't stand as it is a law that abdicates their responsibility and power to the public makes that law void. This was decided by a supreme court Larkin vs Grendel Den. https://www.mtsu.edu/first-amendment...ndel-s-den-inc

The fundamental part is that a state cannot give over the power and responsibility to enforce laws and be the cop on any law. It creates a fundamental flaw in your rights and cannot stand. I'd be surprised if that law isn't rolled back and modified. The part of it, is that ppl can sue you for getting an abortion or thinking you are going to get one. I'd think that would set up the suing party for a defamation of character lawsuit and of course the bible thumpers / pro life community will be glad to pay some of those fines or settlements, as long as it creates a slow down on abortion as a form of reproductive health. That along with the dumbest thing any governor has ever said: " were gonna eliminate rape- Greg Abbot Tx Gov". Just how the fuck are you gonna do that? There will be a much bigger fight on this law, and Ken Paxton TX AG will likely be another target. Both he and Abbot are about as smart as a bag of hammers. Noisy dumb and only good for mouthpiece media stints. It would be wonderful for the states to actually have ppl who are mindful. I know some of you will bring up Wolfe here, and that's fine. But he's errored on the side of protections in most cases, vs. anti masker ideology or nonsense. To me, the GOP has decided that they are gonna go with the theology and christian evangelicals and all you need to do, is look at how corrupt most churchs' are, and look at the scandals associated with the Jim and Tammy Fay Bakers' in the world. NOT really a model of big thinkers vs. preying on peoples vulnerabilities and kindness. Some ppl just need to be told what to think; and churches do a terrific job of that to the tune of 10% tithing. Just so Jesus will save your soul.
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Old 09-09-2021, 03:51 PM   #4
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Quote:
Originally Posted by eyecu2 View Post
This likely won't stand as it is a law that abdicates their responsibility and power to the public makes that law void. This was decided by a supreme court Larkin vs Grendel Den. https://www.mtsu.edu/first-amendment...ndel-s-den-inc

The fundamental part is that a state cannot give over the power and responsibility to enforce laws and be the cop on any law. It creates a fundamental flaw in your rights and cannot stand. I'd be surprised if that law isn't rolled back and modified. The part of it, is that ppl can sue you for getting an abortion or thinking you are going to get one. I'd think that would set up the suing party for a defamation of character lawsuit and of course the bible thumpers / pro life community will be glad to pay some of those fines or settlements, as long as it creates a slow down on abortion as a form of reproductive health. That along with the dumbest thing any governor has ever said: " were gonna eliminate rape- Greg Abbot Tx Gov". Just how the fuck are you gonna do that? There will be a much bigger fight on this law, and Ken Paxton TX AG will likely be another target. Both he and Abbot are about as smart as a bag of hammers. Noisy dumb and only good for mouthpiece media stints. It would be wonderful for the states to actually have ppl who are mindful. I know some of you will bring up Wolfe here, and that's fine. But he's errored on the side of protections in most cases, vs. anti masker ideology or nonsense. To me, the GOP has decided that they are gonna go with the theology and christian evangelicals and all you need to do, is look at how corrupt most churchs' are, and look at the scandals associated with the Jim and Tammy Fay Bakers' in the world. NOT really a model of big thinkers vs. preying on peoples vulnerabilities and kindness. Some ppl just need to be told what to think; and churches do a terrific job of that to the tune of 10% tithing. Just so Jesus will save your soul.

Thank you and I agree 100%.
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Old 09-09-2021, 04:01 PM   #5
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Old 09-10-2021, 12:04 AM   #6
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women don't want a baby, don't get the creampie in your hole, instead swallow and avoid all the troubles
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Old 09-10-2021, 08:47 PM   #7
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Originally Posted by arañanegra View Post
women don't want a baby, don't get the creampie in your hole, instead swallow and avoid all the troubles
AND stay their ass on some damn birth control...
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Old 09-10-2021, 08:56 PM   #8
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The stupidity behind Abortion is overwhelming. Women who state that "It's her body her choice" is bullshit. Abortion is about the baby's body. If it were about the women's body she would be the one who dies. Pro Abortion is for sickos.
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Old 09-12-2021, 02:30 PM   #9
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Is the embryo the size of a grain of rice at 6 weeks an actual baby? Usually in the past and most cultures and religions there was some sort of quickening considered usually around the end of the first trimester before the embryo or later fetus was considered human. I only mention religion in so much that for my scientific vantage point most people would see the limitations of 6 weeks of development a bit more of an obvious point.
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Old 09-13-2021, 06:55 AM   #10
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IKt is my understanding that Texas law provides a mechanism for counter-suits that effectivly makes the loser pay the other party's legal fees.
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Old 09-13-2021, 09:59 PM   #11
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Originally Posted by Levianon17 View Post
The stupidity behind Abortion is overwhelming. Women who state that "It's her body her choice" is bullshit. Abortion is about the baby's body. If it were about the women's body she would be the one who dies. Pro Abortion is for sickos.
So if a woman gets pregnant from being raped she has no choice but to bear the indignity of a forced pregnancy and is forced to complete the pregnancy......”tough shit”.........and while we’re at it maybe play it like the Arabs do and blame the woman for it and for bringing shame onto herself and the family?

And if the woman is facing the possibility of death by following through with the pregnancy then it’s another “tough shit” scenario?

Of course if some senator’s daughter ends up pregnant and there’s no way out of it available in this country then there’s always the red eye flight to France......

And if men had to give birth abortion would have been legal since the beginning of time. There would have been no debate: it would have been a unanimous vote for men’s rights over murder.
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Old 09-14-2021, 01:29 PM   #12
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Originally Posted by sexykarma View Post
So if a woman gets pregnant from being raped she has no choice but to bear the indignity of a forced pregnancy and is forced to complete the pregnancy......”tough shit”.........and while we’re at it maybe play it like the Arabs do and blame the woman for it and for bringing shame onto herself and the family?

And if the woman is facing the possibility of death by following through with the pregnancy then it’s another “tough shit” scenario?

Of course if some senator’s daughter ends up pregnant and there’s no way out of it available in this country then there’s always the red eye flight to France......

And if men had to give birth abortion would have been legal since the beginning of time. There would have been no debate: it would have been a unanimous vote for men’s rights over murder.


You can’t argue with stupidity. This guy says this but if he had a daughter get raped, he’d
look for the best abortion doctor in town.

These guys talk about the “baby’s life” but then you ask them
should the government mandate vaccines to prevent you from killing grandma by spreading covid and they suddenly believe in “My Body My Choice”.

They don’t believe in freedom or bodily autonomy and want government control as long as it agrees with their ideas. Peak Authoritarian.
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Old 09-14-2021, 04:09 PM   #13
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Jeeeeezuz, everyone is crying like lil B's over some shit that only pertains to Texas. If you're not responsible enough to keep your ass on some form of fucking Birth Control and you get knocked up, FLY/DRIVE your ass to another STATE

And shit happens to people all of the time. If you find yourself "raped" (and it can be proven, lotsa females lie), go somewhere else to have your abortion or carry it to term then sign it over to the damn State. It does not take 6 damn weeks to realize you're "pregnant". You miss your monthly period (4 weeks) and you fucking know.

We've got Hookers in Houston running around crying about this law and one particular Hooker can't even manage to keep Custody of her damn kids. AND she continues to have more SMDH Explain "that"...

Chill out, this shit is hilarious to read though...
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Old 09-14-2021, 04:59 PM   #14
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Originally Posted by redpartyhat View Post
You can’t argue with stupidity. This guy says this but if he had a daughter get raped, he’d
look for the best abortion doctor in town.

These guys talk about the “baby’s life” but then you ask them
should the government mandate vaccines to prevent you from killing grandma by spreading covid and they suddenly believe in “My Body My Choice”.

They don’t believe in freedom or bodily autonomy and want government control as long as it agrees with their ideas. Peak Authoritarian.
If you’re talking about my attitude in the first paragraph, yes, I would get the best abortion doctor in town if it was the choice of a daughter of mine.......no woman should have to endure a forced pregnancy and be forced to give birth in a case of rape. I don’t know where you’re coming from with that statement but you’re obviously completely mistaken about my stance on the subject.

The rights of the fetus are a subset to the rights of the woman and the governments job is not to protect people from themselves.
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Old 09-14-2021, 06:45 PM   #15
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I was agreeing with you. I was talking about the guy you were responding to.
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