this post was submitted on 12 Dec 2023
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A pregnant woman in Kentucky who filed a lawsuit demanding the right to an abortion has learned her embryo no longer has cardiac activity, her attorneys said Tuesday.

The plaintiff’s attorneys signaled their intent to continue the challenge to Kentucky’s near-total abortion ban, but did not immediately comment on what effect the development would have on the lawsuit.

The complaint was filed last week in a state court in Louisville. The plaintiff, identified only as Jane Doe, was seeking class-action status to include other Kentuckians who are or will become pregnant and want to have an abortion. The suit filed last week said she was about eight weeks pregnant.

The flurry of individual women petitioning a court for permission for an abortion is the latest development since Roe v. Wade was overturned last year. The Kentucky case is similar to a legal battle taking place in Texas, where Kate Cox, a pregnant woman with a fatal condition, launched an unprecedented challenge against one of the most restrictive abortion bans in the U.S.

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[–] TipRing 144 points 1 year ago (1 children)

It is ghoulish that this deeply personal information has to be made public just for this woman to get medical care that she always should have been able to get.

[–] chitak166 14 points 1 year ago
[–] [email protected] 80 points 1 year ago (2 children)

"Sorry ma'am, that baby is gonna have to calcify in your uterus, we're pro life here."

[–] Vorticity 29 points 1 year ago* (last edited 1 year ago) (1 children)

Maybe worth being a little more blunt in this case:

"Sorry ma'am, that corpse is going to have to calcify in your uterus, we're pro life here."

[–] WeeSheep 14 points 1 year ago

Not fair! It could go septic and kill her instead!

[–] [email protected] 17 points 1 year ago

Hey! Calcium is people, too!

[–] radix 72 points 1 year ago

GOP: We can't get universal healthcare because that's putting government in control of your medical conditions.

Also GOP: Let's pass a law that makes "Kentucky woman seeking court approval for abortion learned her embryo no longer has cardiac activity" a real headline.

[–] [email protected] 55 points 1 year ago (4 children)

Pro-Life doesn't apply when the fetus is already dead. This is pro-basic medical treatment vs. anti.

[–] [email protected] 45 points 1 year ago

They were never pro-life.

[–] [email protected] 21 points 1 year ago

They are anti basic treatment.

[–] Fedizen 5 points 1 year ago

Its just anti-women, always had been.

[–] [email protected] 44 points 1 year ago

I say we start transplanting these fetuses into the people that don't want the women to get care. Let them deal with it. Just open them up, drop it in and close it up and send them on their way.

[–] [email protected] 43 points 1 year ago

Goddamn these southern state politicians are truly vile.

[–] Nurse_Robot 37 points 1 year ago

This is a fucking insane dystopian nightmare. Fuck the GOP, fuck the SCotUS, fuck the US in general at this point. Fuck everything.

[–] [email protected] 26 points 1 year ago (3 children)

is it still an abortion if the fetus died?

[–] [email protected] 34 points 1 year ago (1 children)

This is the exact problem with these bans. The medical procedure in question (dilation and curretage) can be and is used in cases with a fetus in any condition. The same procedure can be used for an elective abortion, a medically necessary abortion, or even to complete a miscarriage that is already underway.

The "abortion" procedure would have saved Savita Halapanavar's life. I personally know three women who were in similar circumstances, losing a lot of blood during miscarriages that weren't completing on their own.

You can't ban medical procedures that have valid use cases. These things are most properly regulated by medical professionals themselves.

[–] [email protected] 22 points 1 year ago* (last edited 1 year ago) (1 children)

Abortion is the name of the medical procedure. So removing a dead fetus is still an abortion.

If you have to have these laws they should specifically target elective abortions. Not the medical procedure in general.

Just to be 100% clear I don't support abortion bans in any form. Just pointing out blanket banning a medical procedure is fucking outrageous.

[–] [email protected] 16 points 1 year ago* (last edited 1 year ago)

If you have to have these laws they should specifically target elective abortions. Not the medical procedure in general.

I understand you are just playing devil's advocate here, but even this is a bad idea. As we've seen in Texas, the law isn't designed for nuance, it is designed to attack women. The Texas law was supposed to have exceptions for health and safety of the woman/fetus, and we saw how that played out. Having a law that specifically targeted elective abortions would have the same problem where the state would undoubtedly put the burden of proof on the woman. "Oh, your baby has no heartbeat? Fill out this form in triplicate, get your doctor to sign it, have it notarized, and your abortion will be approved in 38 - 40 weeks."

[–] Ensign_Crab 10 points 1 year ago

The answer is "whichever answer results in the most suffering."

[–] Ensign_Crab 21 points 1 year ago (1 children)

We could have codified Roe, but preserving the filibuster was more important.

[–] [email protected] 12 points 1 year ago (1 children)

Yup, the filibuster that has been used almost exclusively by racists and bigots trying to deny any kind of positive change. Absolutely need to keep that shit around when we already have the presidential veto and two separate chambers holding up any kind of progress even before the opportunity to hold stuff up in the courts.

[–] Ensign_Crab 3 points 1 year ago* (last edited 1 year ago)

Democrats are openly happy to preserve the relic of Jim Crow that is the filibuster. Setting a timetable for another man's freedom is their heritage. They call it incrementalism now.

[–] agitatedpotato 18 points 1 year ago (1 children)

Conservatives cannot mind their own business under any circumstances. How they still trick people into believing 'conservatism' is beyond me.

[–] EatYouWell 11 points 1 year ago

It's classic cult programming.

[–] [email protected] 15 points 1 year ago (1 children)

She killed her baby! To JAIL with her! If only she had waited until it was born to kill it she would be FINE by my Pro Life standards!

[–] Fedizen 2 points 1 year ago

The proper way to kill an infant in america is to feed it deregulated lead filled baby formula after its been born.

[–] [email protected] 13 points 1 year ago (2 children)

Any one ever hear of heartbeat laws?

[–] [email protected] 13 points 1 year ago* (last edited 1 year ago)

If a woman has a heartbeat, we must oppress her.

-the GOP

[–] Seleni 7 points 1 year ago

But-but-but there could be a miracle and the baby’s heart could start beating again if she just prays enough and is devout enough! And so if that doesn’t happen then God obviously doesn’t like her and so she should suffer!

Seriously though, it never was about the children. It was about making sure women pay for being of Eve’s get.

[–] PrinceWith999Enemies 13 points 1 year ago

I already donate to PP and the ACLU, but is there some kind of legal defense fund for women in this kind of position? Do those organizations have everything covered so it’s better to just increase donations to them?

I know there were a number of charities launching as well as independent activities helping women travel out of state for safe abortions, and I am just trying to get a sense of the best way we can put our money to use while we’re still working on reversing the political side of this.

[–] [email protected] 3 points 1 year ago* (last edited 1 year ago)

If you were an ultrasound technician or an OB/GYN, and the embryo shows cardiac activity, you should definitely not record that the embryo doesn't have cardiac activity so that the woman can choose to terminate. That would be illegal.

[–] [email protected] 2 points 1 year ago

I predict they will say the case is moot to kick the can down the road.

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago)

Suddenly she won't have standing. Unlike, you know, when other people (on cases they like) can still push through when they don't have standing.