Created to open dialogue regarding protecting reproductive health in Oklahoma.
Visit msnbc.com for breaking news, world news, and news about the economy
It seems to me, and I am not a legal scholar, that the current Oklahoma abortion law breaks the 8th Amendment of the Constitution. The 8th Amendment states "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The Supreme Court ruled that the Cruel and Unusual provision DOES apply to the states. Furthermore, this provision does not state that the Amdenment applies only to people convicted in a court of law. The current Ok law forces psychological torment on someone who made a legal choice as a way of punishing them for making that choice. Furthermore, Title 18 USC Chapter 113C 2340 defines torture as: “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control. The citizens of Ok are within the control and custody of the Ok laws. This is forced mental pain and suffering upon those within Ok custody as the Legislature has put abortion doctors within their purview and made them law enforcement agents due to this law. I believe you have a Federal Case under the 8th Amendment and Title 18 of the USC and should look into this. As far as I know, it has never been argued that this provision applies outside of the legal system directly but laws enacted by a legislature are part of the legal system.
Post a Comment