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

shooting seattle...

James Lynch

Triple shooting at party in Seattle short-term rental under investigation

Seattle police are investigating a triple shooting that happened early Monday morning at a party in a short-term rental home in lower Capitol Hill.

8 hours ago

A person types on an illuminated computer keyboard. (Photo: Sean Gallup, Getty Images)...

MyNorthwest Staff

‘Trying to steal every last cent’: Final defendant convicted in $6.8M COVID-19 fraud scheme

The final defendant of a fraud scheme was convicted of submitting fraudulent applications that sought more than $6.8 million in COVID-19 benefits.

8 hours ago

Rainier Beach shooting arrest...

Jillian Raftery

A ride home could have been the difference between life and death in Rainier Beach shooting, documents reveal

The family of a Rainier Beach High School student is preparing to sue the school district over his murder at a bus stop after class.

9 hours ago

cats tacoma...

Julia Dallas

‘This is strange’: 23 more cats rescued from abandoned Tacoma sailboat

Twenty-three more cats were rescued from an abandoned sailboat in Tacoma — bringing the total to 54.

9 hours ago

bellevue road closures...

MyNorthwest Staff

Drivers beware: Road closures hit I-405 in Bellevue this week

Drivers heading through Bellevue this week will want to plan ahead.

10 hours ago

I-5...

James Lynch

Police: Woman killed on I‑5 after jumping from moving vehicle in Federal Way

A 33-year-old Seattle woman was killed on I-5 early Monday morning.

11 hours ago

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