MYNORTHWEST NEWS

With Roe precedent gone, legal challenges will continue says former AG

Jul 15, 2022, 11:50 AM

Photo by David McNew...

Photo by David McNew

After the Supreme Court overturned Roe v. Wade, there’ve been individual cases across the nation that’ve been affected by the decision.

Former Washington State Attorney General Rob McKenna joined Dave Ross on Seattle’s Morning News and said the Supreme Court’s position is that reproductive rights are “up to the states whether to make abortion illegal and under what circumstances or not or whether to allow abortion to be legal.”

The topic comes in light of a pregnant woman getting a ticket after driving in an HOV lane last week.

But McKenna said the Supreme Court didn’t create personhood for unborn children, so the final decision on the matter will have to go through Texas law.

A codified Roe first requires the constitutional right to privacy, former AG explains

Arizona has already attempted to create personhood for an unborn fetus.

“They already had a statute on the books. It was to trigger a law attempting to create a personhood status for unborn children, apparently from the moment of conception, and it’s been enjoined, so temporarily prevented from taking effect because the court said ‘look, it’s too vague,'” McKenna said.

“On its face, the statute would appear to result in a homicide statute in the state applying for an emergency abortion or an abortion for a severe traumatic genetic abnormality,” McKenna continued.

The Arizona statute, McKenna told Ross, says that a cause of action won’t be created against a woman for indirectly hurting the child by failing to “properly care for herself or failing to follow any particular program prenatal care.”

“It doesn’t cover the possibility that a woman may take prescribed medication for an illness, such as Lupus or cancer, that could have an effect on her unborn child,” McKenna said.

With so many changes to precedents coming from the Supreme Court ruling on Dobbs v. Jackson, we will continue to see legal challenges and questions brought up for the foreseeable future.

MyNorthwest News

Image: Members of the Makah Indian tribe paddle away from the rising sun as they head from Neah Bay...

Associated Press

Washington’s Makah Tribe clears major hurdle toward resuming traditional whale hunts

The U.S. granted the Makah Indian Tribe a long-sought waiver that helps clear the way for its first sanctioned whale hunts since 1999.

4 hours ago

Image: Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloo...

Associated Press

Unanimous Supreme Court preserves access to widely used abortion medication

The Supreme Court on Thursday unanimously preserved access to an abortion medication that was used in nearly two-thirds of U.S. procedures.

5 hours ago

starbucks supreme court...

Associated Press

Supreme Court, siding with Starbucks, makes it harder for NLRB to win court orders in labor disputes

The Supreme Court case began in February 2022, when Starbucks fired seven workers who were trying to unionize their Tennessee store.

6 hours ago

seattle FBI...

Frank Sumrall

SWAT arrests armed woman after she barricades herself inside Seattle FBI building

An armed woman barricaded herself in the visitor lobby of the FBI Seattle building in downtown Seattle Wednesday afternoon.

9 hours ago

windshield hammer...

Frank Sumrall

Customer threats cause Seattle barista to smash customer’s windshield with hammer

A barista in South Seattle used a hammer to bash in a customer’s windshield after he allegedly threatened her and the coffee stand's customers.

10 hours ago

uw president cauce...

Frank Sumrall

UW President Ana Mari Cauce to step down after 10 years

UW President Ana Mari Cauce will step down from leading the university once her second five-year term ends in June 2025.

1 day ago

With Roe precedent gone, legal challenges will continue says former AG