The ruling sought to clarify the medical exceptions in the state’s bans, and was in a response to a lawsuit from women who were denied abortions despite medical emergencies.
Who holds the burden of proof, though? Will the doctor have to prove that his choice was done in good faith to claim that his procedore was lawful, or will a prosecution have to prove bad fath? It might seem like semantics, but I bet a lot of doctors will be risk averse if they hold the burden of proof.
Regardless this seems like it will just be used by the state/wealthy organizations to drag doctors through court until they’re out of money. If I were a doctor in Texas I still wouldn’t even consider an abortion for fear of losing everything.
And it’s not just the doctors. Hospitals are businesses that are not interested in taking on financial and legal risk. Even if a doctor is willing, they won’t be able to, if they don’t have a hospital facility that will allow it
There would be the need to set up liability insurance and the procedures and premiums would just be too expensive compared to other states that won’t have those issues or hindrances.
It would be like telling you had to spend $300 on a fast food burger, when the other states only charge $10 - $15.
Prosecution always has the burden of proof in criminal cases.
There is a such a thing as an affirmative defense, though. An affirmative defense allows a person to commit an act that would otherwise be illegal under certain circumstances. However, as the name implies, an affirmative defense has to be argued by the defense. The burden is on the defense to prove that they acted under the circumstances permitted.
Consider murder, for instance. Self-defense is usually an affirmative defense. The prosecutor’s only burden is to prove that you killed someone. You have to demonstrate that you were acting in self defense in order to avoid the guilty verdict for murder.
So @vettnerk is asking a good question: will it be assumed that the doctor acted in good faith, or bad faith? Does the defense have to justify the abortion, or does the prosecutor have to demonstrate that it wasn’t necessary?
Women can be doctors too. Most ob/gyns are women.
I’m finishing my residency training soon and even though I am not an ob provider I would never ever work in Texas, Florida or anywhere that has laws against routine medical practices
Seriously, it’s a shame there isn’t a large powerful association of medical professionals that could push back against government interference in medical care
It’s a classic “rules for thee, but not for me” law. Good Faith judgment means the rich an powerful get access to while the poor and minorities do not.
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And then the state decides otherwise every single time and every abortion provider is locked up. Good faith judgement isn’t guaranteed immunity in court. It’s a trap.
