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.
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?
That would be a federal crime.
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?
This is still a bad example due to how state and federal law works. A better example would be me buying an old school steel jerry can from say Idaho and having it shipped to where I live here in California. Even though the sale of such jerry cans are illegal in California ownership isnt, and I didnt buy it from an instate vendor.
Also I dont know if old school steel jerry cans are illegal in Idaho I was just using it as an example, they are illegal to sell in California.
Yes but the example here would be someone in Cali ordering a jerry can from Idaho and the company in Idaho mailing it to Cali. Travelling to Idaho to buy a jerry can and bring it back would be fine, but in this case getting it to Cali is a part of the purchase. The purchase is being made across state lines for something that is legal in the state the transaction is made (Idaho) but illegal in the state it’s sent to (Cali). It basically boils down to whether the act of mailing is illegal, I think.
I’m sure there must be an established precedent or something already.
Perhaps I explained it a tad badly, but that was exactly what I was trying to say.
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You shouldnt have removed your comment. Dont be spineless
I get what your saying. Obviously your example doesn’t quite work, because meth is illegal in both states and federally. What we’re looking for is something legal federally and in one state, but not the other. I’m sure there must be some established precedent for this kind of thing.