California Gov. Gavin Newsom signs law to protect doctors who mail abortion pills to other states

https://lemmy.world/post/5891579

California Gov. Gavin Newsom signs law to protect doctors who mail abortion pills to other states - Lemmy.world

California Gov. Gavin Newsom signed a new law on Wednesday that aims to stop other states from prosecuting doctors and pharmacists who mail abortion pills to patients in places where the procedure is banned. California already has a law protecting doctors who provide abortions from out-of-state judgements. But that law was designed to protect doctors who treat patients from other states who travel to California. The new law goes further by forbidding authorities from cooperating with out-of-state investigations into doctors who mail abortion pills to patients in other states. It also bans bounty hunters or bail agents from apprehending doctors, pharmacists and patients in California and transporting them to another state to stand trial for providing an abortion. Other states, including New York and Massachusetts, have similar laws. But California’s law also bars state-based social media companies — like Facebook — from complying with out-of-state subpoenas, warrants or other requests for records to discover the identity of patients seeking abortion pills.

Im pretty sure this is federally illegal/unconstitutional. You cant undermine a states law ex post facto as per section 10.

Feel free to correct me if im wrong

Well the offense is being committed outside of the state where the law is. You could also argue that the states banning abortions are the ones infringing on federal law and constitutional rights, because they’re trying to enforce their laws on doctors living outside their jurisdiction.
Can you get in trouble for sending a small amount of methamphetamine through the mail for someone in California to consume if you live in Oregon? Its legal in Oregon. Why should Oregon lawmakers punish the person sending the meth if its only illegal in California?
The USPS will happily punish you for that action.

I shouldnt have used a fedrally illegal substance as an example 😀

I suppose if this is not seen as illegal then they should also make buying prescription drugs from out of country legal. This ends war on drugs right? Right?

I shouldnt have used a fedrally illegal substance as an example 😀

No, it was good, because while it wasn’t your intent, it kind of underlined the original point. There’s a reason the federal law exists on this, and on the movement of firearms, and so on - it’s because states can’t actually do this kind of regulation. They can make it illegal for their own citizens to order things, but they can’t make it illegal for citizens of other states to send things.

There are obviously some small exceptions to the “If it happens in another state and it’s that state’s citizen, it’s our of our jurisdiction”, but they’re so complex legally that most of the time the laws are passed on a Federal level to make certain it passes constitutional muster.

You shouldnt have removed your comment. Dont be spineless

I shouldnt have used a fedrally illegal substance as an example 😀

No, it was good, because while it wasn’t your intent, it kind of underlined the original point. There’s a reason the federal law exists on this, and on the movement of firearms, and so on - it’s because states can’t actually do this kind of regulation. They can make it illegal for their own citizens to order things, but they can’t make it illegal for citizens of other states to send things.

There are obviously some small exceptions to the “If it happens in another state and it’s that state’s citizen, it’s our of our jurisdiction”, but they’re so complex legally that most of the time the laws are passed on a Federal level to make certain it passes constitutional muster.

OK, you’ve convinced me, I’m going to delete my account at this point.

When I first found Lemmy I genuinely thought it was an improvement on Reddit. People were nice, I didn’t see the dogpiling and general assholedom that I saw on Reddit, conversations seemed civil and reasonable.

As time’s gone by, that’s become increasingly clearly untrue. I unsubscribed (and blocked) the technology forum because of dogpiling, initially others, then me when I agreed with the others (who weren’t saying anything uncontroversial… outside, apparently, of r/technology.)

Things have not felt civil in other groups, but they haven’t been as bad. But now I have you reposting a comment I deleted and calling me spineless. And for what? Because I felt I should withdraw comments I was making regarding a domain I’m not an expert in? This, apparently, now, is “spineless”? I’m supposed to arrogantly nerdsplain my views on the constitution to everyone and I’m a coward if I step back and say “I’m not an expert in this, I shouldn’t be posting”?

What the fucking hell.

And yes, I know, “Lemmy’s not at fault, it just has a few people who aren’t…” Stop, just stop. It has more than “a few”, it’s positively infested with them. It’s actually worse than Reddit. I didn’t have to put up with this kind of crap on Reddit anything like as frequently, and I speak as someone who actually got banned from one subreddit in the last year.

Lemmy’s federated nature is a good thing, but unfortunately it seems to lack the qualities needed to ensure its user base understands the need for quality discussion. Going below Reddit in this respect is difficult, but Lemmy has managed it.

It’s a nice experiment, good luck to you, all, but you’re not for me. Sorry.

The main problem that i see on Lemmy is that its all bubbles and echo chambers for the hard left. You cant disagree with people without people going down your throat which sucks. The main problem is people with different opinions leaving.

I apologize if me saying that you are spineless offended you, all I meant was that there needs to be more opposition or else there isnt any discourse. Sorry if I drove you out as it was not intended, you take care.