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July 31, 2022 14 mins

Quoting several courts and the synoptic gospels ("Render unto Caesar ... "), this episode further considers who the "people's elected representatives" are, as identified in Dobbs:

  1. Which state's representatives? A Texas resident has an abortion in New Mexico, after receiving information from a nonprofit based in New York. Which state's legislature(s) may regulate this activity?
  2. Which representatives? Imagine a law giving two different Texas prosecutors jurisdiction over an alleged abortion-related crime. Which branch of government resolves a difference of opinion--one of the prosecutors (the executive)? the Legislature? or the courts?
  3. Is it government at all? What if the duly elected leaders of a church congregation decide to assist travel to other states related to abortion? Do they have a defense to prosecution under the Supreme Court's City of Hialeah case that allowed Santeria congregations to engage in animal sacrifice? 

 

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