Pam Belluck
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Podcast Appearances
And there may also be a challenge to the question of whether a state can decide not to extradite someone who's been criminally charged in another state. So basically, this is going to end up as a showdown where this whole concept of shield laws, which is largely untested, will end up being run through the mill of the federal courts. And we'll see if they're allowed to stand.
And there may also be a challenge to the question of whether a state can decide not to extradite someone who's been criminally charged in another state. So basically, this is going to end up as a showdown where this whole concept of shield laws, which is largely untested, will end up being run through the mill of the federal courts. And we'll see if they're allowed to stand.
So there are a few different legal arguments that the states can use, but the one that seems to come up the most often is that the Constitution requires states to basically respect each other's laws. They have to cooperate with each other. And in this case, the provision that they cite is called the Full Faith in Credit Clause.
So there are a few different legal arguments that the states can use, but the one that seems to come up the most often is that the Constitution requires states to basically respect each other's laws. They have to cooperate with each other. And in this case, the provision that they cite is called the Full Faith in Credit Clause.
Well, there are exceptions to the full faith and credit clause. And one of those exceptions is that if one state has a really deeply held public policy objective, that public policy objective overrides a contradictory law in another state. That's going to be one way that the legal argument is going to play out. There could be others.
Well, there are exceptions to the full faith and credit clause. And one of those exceptions is that if one state has a really deeply held public policy objective, that public policy objective overrides a contradictory law in another state. That's going to be one way that the legal argument is going to play out. There could be others.
I would expect lawyers on both sides of this argument to be very creative and to think of lots of different legal and procedural routes once it comes to federal court, because that's what we've seen with other abortion cases.
I would expect lawyers on both sides of this argument to be very creative and to think of lots of different legal and procedural routes once it comes to federal court, because that's what we've seen with other abortion cases.
Well, you know, of course, we don't know exactly what would happen to Dr. Carpenter, but the charges and the cases against her could result in jail time, steep financial penalty and preventing her from continuing this work. And if we were to see these shield laws get struck down by the Supreme Court, then things will be different.
Well, you know, of course, we don't know exactly what would happen to Dr. Carpenter, but the charges and the cases against her could result in jail time, steep financial penalty and preventing her from continuing this work. And if we were to see these shield laws get struck down by the Supreme Court, then things will be different.
Certainly some providers who are sending abortion pills to states with bans will stop doing that. Others will probably continue, even though they'd be taking even greater risk than they're taking now. And the abortion landscape in America that's already been rewritten after Roe was overturned is going to be rewritten once again.
Certainly some providers who are sending abortion pills to states with bans will stop doing that. Others will probably continue, even though they'd be taking even greater risk than they're taking now. And the abortion landscape in America that's already been rewritten after Roe was overturned is going to be rewritten once again.
And I think we're going to see even starker divisions between states with abortion bans and states that protect abortion. But even if the Supreme Court upholds the legality of SHIELD laws, that doesn't mean that the practice of sending abortion pills to states with abortion bans is just going to continue without additional protection. ways to challenge it.
And I think we're going to see even starker divisions between states with abortion bans and states that protect abortion. But even if the Supreme Court upholds the legality of SHIELD laws, that doesn't mean that the practice of sending abortion pills to states with abortion bans is just going to continue without additional protection. ways to challenge it.
So you're likely to see anti-abortion advocates looking for new ways to try to stop access to abortion pills. And you're likely to see abortion rights advocates looking for new ways to try to protect and expand access to abortion pills.
So you're likely to see anti-abortion advocates looking for new ways to try to stop access to abortion pills. And you're likely to see abortion rights advocates looking for new ways to try to protect and expand access to abortion pills.
Yeah, I think a lot of people who were watching this subject and familiar with it also anticipated that this would happen because, you know, when you think about it, there just aren't very many types of medical care that differ so dramatically from state to state.
Yeah, I think a lot of people who were watching this subject and familiar with it also anticipated that this would happen because, you know, when you think about it, there just aren't very many types of medical care that differ so dramatically from state to state.
So it always seemed like it was going to be problematic to have one state try to ban abortion and think that that would somehow prevent women in that state from having access to abortion. And I think what we're seeing now, this really fierce division between states, was something that a lot of people foresaw.
So it always seemed like it was going to be problematic to have one state try to ban abortion and think that that would somehow prevent women in that state from having access to abortion. And I think what we're seeing now, this really fierce division between states, was something that a lot of people foresaw.