Opinion by Jennifer Rubin: Consider what it would take to “prove” a woman had an illegal abortion.
True, but as soon as a prosecutor or police officer in a deep-red state finds “probable cause” in a case involving a woman who allegedly has had an illegal abortion, a state judge can issue a warrant. It will all be technically correct and procedurally pristine, but since the “crime” takes place in a woman’s womb, the enforcement mechanism by necessity will be intrusive.
And remember, Texas shows that if states offer “bounties,” the state legislature can create a ruse that individuals seeking a reward for finding abortion law violators are not themselves “state actors.” If that holds up, then the Fourth Amendment goes out the window entirely; “private” bounty hunters are not restricted by the amendment at all.
Ultimately, we wind up with a society of snitches, suspicion and distrust. When the Texas bounty bill was first passed, Robin Fretwell Wilson of the University of Illinois law school: “The encouragement of ‘voluntary espionage’ between neighbors hints at forms of totalitarianism that most Americans would publicly rail against.” She continued, “North Korea utilizes citizens as spies to inform the government of anti-government behavior of their fellow citizens.
If you think this is unnecessarily alarmist, ask yourself: How do you think cases will be proved and prosecuted — and do you trust the crowd that determined there is no “life of the mother” exception to exercise restraint in investigating doctors’ and women’s “crimes”?
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