Tom Hals

WILMINGTON, Del. (Reuters] – The U.S. Supreme Court could overturn Roe v. Wade, the 1973 landmark ruling which established a right nationwide to abortion. It will allow for stricter restrictions in 26 other states.

This article outlines the possible penalties for abortion providers in a post Roe world. It also discusses whether these laws might apply to abortion-seeking women.

Who COULD BE PROSECUTED

Providers of abortion-inducing drugs, like doctors or pharmacists, would be prosecuted under the new bans.

Roe could be overturned in Texas, where a law for abortion would lead to a life sentence. Louisiana providers, however, may face up to 10 year hard labor if Roe is not overturned.

Could WOMEN BE PROSECUTED

Roe is often overturned. The Roe laws would be in effect for women who seek or obtain an abortion.

A few anti-abortion supporters claimed that abortion is a crime against women and they are immune from prosecution.

Carol Tobias (president of the National Right to Life Committee) stated that if the law states that an abortion provider is liable, then the woman isn’t. “I don’t see anyone who wants that or thinks it would be appropriate. It’s more scare mongering from the other side.”

WHY DO SOME ADVOCATES TEAR THAT WOMEN MAY BE PROSECUTED??

Some advocates for abortion rights have expressed concern at recent developments in three states, which are likely to ban abortions if Roe is reaffirmed.

Missouri’s legislation sought to prohibit women leaving Missouri to have an abortion. It also proposed to expand Missouri’s abortion laws to cover procedures outside of Missouri. These proposals were rejected.

Louisiana lawmakers introduced a bill earlier in the month to accuse women of murdering for getting an abortion. Later, the bill was withdrawn.

A Texas woman was also arrested for self-induced abortion.

Advocates for abortion said that in addition to the legislation already proposed, or likely to be introduced, existing laws are also used by prosecutors.

Jill Adams is the executive director at If/When/How. She provides legal assistance for pregnant women who are facing criminal charges.

She said, “Prosecutors are going to reach in the code like they would a grab bag. They will pull out everything.”

WHO HAS BEEN PROSECUTED IN THE PAST

Even though it’s rare, some abortion providers have been charged in the past. Three infant deaths caused by late-term abortions were the subject of a Philadelphia doctor’s murder conviction in 2013.

Paul Linton who helped to draft laws restricting abortion said that historically, women were regarded as victims and not prosecuted. His research of more than 100 years’ worth pre-Roe appeals court records revealed that only two women were ever charged in relation to abortion laws before the Roe decision. They are from cases between 1911 and 1922.

According to Leslie Reagan (a University of Illinois professor and author of books about abortion), appeals court records might not include the many women arrested but never tried or who did not appeal a conviction. Her research revealed that women before Roe were regularly threatened, interrogated and forced into testimony about personal information.