In the editorial, Paltrow and Asetoyer assert that South Dakota's ban on abortion could be used to punish women. That is odd because even the authors are aware and mention that South Dakota's ban specifically says, "(n)othing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty."
They say that women will be imprisoned based on other state laws which they describe as saying the unborn child is a "legal person."
"If the unborn are legal persons, as numerous South Dakota laws assert, then a pregnant woman who has an abortion can be prosecuted as a murderer under already existing homicide laws."
This statement is wholly deceptive. South Dakota's criminal code and the fetal homicide statute in it but it clearly states in Section 151 that, "(t)his section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented."
So South Dakota's abortion ban says that women can't be punished and South Dakota's fetal homicide law specifically states that the law doesn't apply to abortion yet Paltrow and Asetoyer are asserting that South Dakota women who have abortions could be prosecuted. What's their basis for this claim that clearly goes against clear wording of South Dakota's laws?
A single case in South Carolina (which has differently worded laws than South Dakota) where a woman was convicted for the death of her stillborn child. The prosecutors and the jury believed that the stillbirth was caused by the woman's cocaine use.
This kind of intentionally deceptive garbage is par for course for Lynn Paltrow. She's previously asserted that the federal Unborn Victims of Violence Act "creates the legal foundation for policing pregnancy and punishing women who carry their pregnancies to term" even though the law specifically states that "(n)othing in this section shall be construed to permit the prosecution–...of any woman with respect to her unborn child."