controversies, healthcare, law, true crime

Florida attorney argues that fetus is being unjustly jailed…

You know how some people in certain states think that developing fetuses should have all of the rights to personhood that already born people get? I’ve noticed that some people have been doing their best to get over, based on that line of thinking. Personally, I have no qualms with it, since it offends me that some people value the unborn over the already born.

In fact, I laughed pretty hard last summer, when I read about, Brandy Bottone, a pregnant woman in Texas who contested a ticket for driving alone in the HOV lane. According to her, she wasn’t actually alone. I see that Brandy Bottone’s first ticket was dismissed, but then she got another one the following month for the same offense. The cop recognized her and asked when she was having her baby. She told him the baby girl would be born the next day, as he handed her another ticket.

When this situation first occurred, Bottone reportedly wasn’t trying to make a political statement. But then the question of what constitutes actual personhood really did make her wonder. When Roe v. Wade was overturned and Texas adopted very strict laws against abortion, some unintended consequences arose. One of them has to do with crime and punishment. Whether it’s a woman trying to get out of a moving violation citation, or a woman who has been accused of murder trying to get out of jail, denying pregnant people the right to bodily autonomy and acting like a developing fetus has rights means that there will be some new wrinkles in the laws.

Last night, I read another story addressing this phenomenon, when I stumbled across a Huffington Post article about Natalia Harrell, a pregnant woman in Florida who has been jailed since last July. Attorney William Norris filed an emergency petition last week on behalf of his client, Ms. Harrell’s fetus, currently at eight months gestation. Mr. Norris claims the Miami-Dade Department of Corrections and Rehabilitation has not provided Ms. Harrell with adequate prenatal care.

Mr. Norris told NBC Miami:

“An unborn child is a person. A person has constitutional rights and one of them is the right not to be deprived of liberty without due process of law.”

“I am asserting the right of someone who is a person who has not been considered in the decision to incarcerate his mother.”

According to the Huff Post article I read, Ms. Harrell has not seen an OB-GYN since October. Norris asserts that the corrections department has not provided sufficient prenatal vitamins or nutritious food. Ms. Harrell has not been taken to scheduled doctor’s appointments, and at one point, the pregnant woman was forced to sit in a 100-degree transport van that lacked air conditioning. Norris filed the petition when he was contacted by the baby’s father, who was concerned about his unborn child’s well-being.

Ms. Harrell has been incarcerated without bond since last summer. She’s accused of “fatally shooting fellow Uber passenger Gladys Yvette Borcela amid an argument after a night out in Miami.” Harrell’s trial is set to begin in April; she has pleaded not guilty.

It should come as no surprise that Florida Attorney General Ashley Moody has argued for the petition’s dismissal on the grounds that there is no evidence that Ms. Harrell has been mistreated. Officials at the jail have also “disputed the allegations about its care for the inmate, saying in a statement that it’s ‘committed to ensuring all inmates receive professional, timely medical care and all appropriate treatment.'”

However, Mr. Norris reminds us that Ms. Harrell has not yet been convicted of a crime; she has only been accused. He also adds, “she has a stand-your-ground immunity defense that her criminal attorney is going to assert. So her conviction is by no means certain.”

I am not familiar with the incident that put Ms. Harrell behind bars, however, I do think that if states are going to declare the unborn as persons with personhood, Norris’s petition ought to be examined. I know that on the surface of this case, some people will laugh. They want to grant rights to the unborn, as long as it suits their highly controlling and anti-woman agenda. But both the ticket situation and the more serious murder accusation highlight the unintended consequences that have come up since abortion has been pretty much outlawed in some places. An astute attorney is going to challenge the new laws, and rightfully so.

I do, however, have some concern that this kind of legal maneuvering could potentially backfire. More than once, I’ve written about how pregnant people inherently have different civil rights than non-pregnant people have. For instance, if you’re pregnant or breastfeeding, and drinking a beer in a restaurant, there is a chance someone might call the police on you.

A few years ago, I blogged about Marshae Jones, a pregnant woman who was jailed because she got in a fight that resulted in her being shot in the stomach. Her baby did not survive. Police reasoned that since the woman hadn’t kept herself out of harm’s way, she was responsible for the unborn fetus’s death. The woman who actually did the shooting, Ebony Jemison, was not indicted; therefore, she remained free, while Jones was jailed and later released on a $50,000 bond. The charges against Jones were eventually dropped, but still, it’s pretty scary how easy it is for pregnant people to wind up incarcerated. And there have been other disturbing cases of women who have been incarcerated because of miscarriage after they’d allegedly done something that put the unborn fetus at risk.

So… what concerns me about Ms. Harrell’s case is that besides the murder charge, she might also be charged with endangering the welfare of a minor, child abuse, or something of that nature. Judging by the comments by MEN on the Facebook post about this story, I can see that a lot of MEN think that Ms. Harrell shouldn’t have any rights because she’s an irresponsible woman who put her unborn baby in danger. But if she’s been jailed since last July, that means she might not have even realized that she was pregnant! Moreover– I must reiterate– she has not yet been convicted. She has only been accused.

I think it’s unsettling to see how gleeful some people are to see others put behind bars. There are so many Americans who seem to rejoice in watching certain people lose their liberties. Personally, I don’t like to think of people rotting in prison, especially when they’re pregnant. Jails and prisons are not good places for anyone to be– especially those who are gestating a baby.

Jessica Kent, a popular YouTube v-logger, has heartbreakingly spelled out what it was like for her to be pregnant when she was in an Arkansas prison. She didn’t know she was pregnant when she got arrested. If you are interested in that subject, I highly recommend watching these two videos…

Jail and prison are not good places to be if you’re pregnant.
This video is HEARTBREAKING.

And again… lots of pro-life MEN, who seem to be very misogynistic and lacking in understanding about why a woman might want or need to have an abortion, are commenting on Ms. Harrell’s story. They’re fine with declaring the unborn a “person with rights” when it comes to putting pregnant women behind bars, but they don’t like to see the same logic used to get women out of legal trouble or released from incarceration. And I’d wager that the VAST MAJORITY of them want and expect the right to privacy when it comes to making their own medical decisions, right?

One particularly prolific Facebook commenter– a man named Nicholas– clearly thinks that late term abortions are very commonly done on a whim. That simply isn’t true; late term abortions are actually very rare. There aren’t very many doctors who will do late term abortions, and the ones who will do them are typically doing them in situations involving tragic medical complications that are no one else’s business. They are very expensive and traumatic, and they involve actually giving birth. So no, they aren’t done for “convenience”.

Moreover, if legislators want to grant rights to the unborn, then they should also make sure that pregnant people have all they need to give birth to healthy babies and be able to raise healthy children. That means access to nutritious food, competent medical care, and adequate rest and exercise for ALL pregnant people– including those who are behind bars. It sounds like Mr. Norris is arguing that his client, by virtue of still being in utero, is being denied his rights as a person– albeit an unborn one at eight months gestation. So yes, it’s good that someone is having a look at this dilemma.

While I don’t know the specifics of Ms. Harrell’s case or whether or not she’s guilty, and I do worry that this case could backfire, I also think that double standards are bullshit. If you want to incarcerate people for crimes against the unborn because they have personhood, you must also consider that the innocent unborn should not be incarcerated for crimes committed by their mothers. It’ll be interesting to see what comes of this case.


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healthcare, law, politicians, politics, Reality TV, sexism

“Activist judges” in South Carolina have defied the right wing alpha MALES, and I am so here for it!

Featured photo is in the public domain.

Yesterday was an interesting day. After I wrote my too long and too opinionated review of Jamie Lynn Spears’ book, Things I Should Have Said, I waited all day for the Amazon guy to show up with my latest toys. I bought an Amazon Echo Dot for my bedroom, as well as a couple of “smart” power strips that I can’t figure out how to configure. I was inspired to make that purchase because Bill bought me an Echo Dot for my office. I don’t really need one for either place, since I have so many other devices, to include my big desktop iMac computer that is outfitted with Siri. But they are nice to have… and it’s kind of fun when Alexa gives me a notification that turns its ring yellow. Makes me think of all the 70s era space travel shows I missed when I was a kid.

While I was waiting for my delivery, I noticed some exciting news coming out of South Carolina, the state where I spent three years earning my “overeducated housewife” status. The South Carolina Supreme Court ruled that the six week abortion law is unconstitutional. The law has been struck down, as the majority of the five justices determined “that the law that restricted abortions after detectable fetal cardiac activity [is] ‘an unreasonable restriction upon a woman’s right to privacy’.” Thanks to the 3-2 decision, abortion is now, once again, legal in South Carolina until 20 weeks gestation. This ruling comes almost two years after current South Carolina Governor Henry McMaster signed into law the Fetal Heartbeat and Protection from Abortion Act. That law made abortion illegal after six weeks of pregnancy, except in limited situations such as pregnancies that would endanger the pregnant person’s life or were caused by rape or incest.

I was heartened to read the comments by Justice Kaye G. Hearn, who wrote the opinion of the majority. She stated, “Few decisions in life are more private than the decision whether to terminate a pregnancy. Our privacy right must be implicated by restrictions on that decision.”

Naturally, some people were rattled by Justice Hearn’s statement. I noticed the ones who were quoted in the Washington Post article link I unlocked were all MEN. Governor McMaster tweeted, “Our State Supreme Court has found a right in our Constitution which was never intended by the people of South Carolina. With this opinion, the Court has clearly exceeded its authority. The people have spoken through their elected representatives multiple times on this issue.

McMaster added that he “look[s] forward to working with the General Assembly to correct this error.”

I find McMaster’s wording very intriguing. He wrote, “Our State Supreme Court has found a ‘right’ in our Constitution…” That’s right, Henry. It is a RIGHT. I lived in South Carolina and worked in maternal and child health and healthcare policy there. I know about South Carolina’s moronic and ineffective approach to preventing unintended pregnancies… Just tell the girls to abstain.

Well, it’s not their public health approach, really. I found the public health folks working at the Department of Health and Environmental Control to be quite intelligent and informed on the issue, including why it’s important that women have access to abortion healthcare. It’s the right wing MALE legislators who have their heads firmly lodged in their asses. These same folks have no desire whatsoever to do anything to help people who find themselves unintentionally pregnant. They don’t give a damn about making sure those babies are born healthy to people who are prepared to raise them. It’s all about fear and shame, and telling women to keep their mouths closed and their legs crossed. Ridiculous… and completely unrealistic.

I don’t see how McMaster’s comments square with what happened to our federal rights to have abortions. For fifty years, women all across America had that right, and it was unceremoniously taken away from us by Trump’s trio of pro-life “activist judges”. Now, McHenry is accusing his own state’s Supreme Court judges of “exceeding their authority”, simply because he doesn’t agree with their interpretation of South Carolina’s Constitutional law. They were doing their jobs, Henry. You should do yours, and work for the betterment of ALL South Carolinians, not just your hyper-male, conservative, Republican buddies. 😉

The other quote in the article comes from another Republican male, Jeff Duncan, who says he’s “extremely disappointed” with the decision made by “activist judges” in South Carolina. Sounds to me like these judges are compassionate, Jeff. Do you have the same level of compassion for women who, for whatever personal, private reason, do not wish to be pregnant? Do you value the right to privacy for all people? Why should a woman who finds herself unintentionally pregnant have to justify terminating her pregnancy to ANYONE? It’s her BODY, Jeff; not yours. You will never face this choice. You will never have to deal with the multitude of changes that happen when someone gets pregnant. So kindly develop some compassion for the already born, and do what you can to make life better for them. Maybe then, your constituents might not feel like they need to have an abortion for reasons you don’t deem “acceptable”.

It seems to me that people who don’t like abortion should simply not have one. They should not lobby to take that right away from other people. Developing embryos and fetuses don’t have a concept of abortion, nor do they experience pain until quite late in pregnancy, beyond when the vast majority of people would consider having an abortion. And those who do, almost universally do so because the alternative to having one would be much worse.

Even MAGA idiot Donald Trump has recently opined about the foolishness of being extreme about taking away women’s abortion rights. He was recently complaining about the Republicans’ poor showing during the midterms. He said on his very own Truth Social:

“It wasn’t my fault that the Republicans didn’t live up to expectations in the midterms.” Then he added, “It was the ‘abortion issue’, poorly handled by many Republicans, especially those that firmly insisted on no exceptions, even in the case of rape, incest, or life of the mother, that lost large numbers of voters.” Then he finished with, “Also, the people that pushed so hard, for decades, against abortion, got their wish from the U.S. Supreme Court, & just plain disappeared, not to be seen again.”

Those comments are now prompting anti-abortion groups to fire back, and indeed, a bunch of Trump’s former supporters are turning on him. I guess they’re finally seeing what some of us have noticed all along. But, in this case, Trump is actually right. A lot of people in the United States are legitimately angry about abortion rights being taken away. And many of the pissed off among us are women who would ordinarily vote Republican. Those women, many of whom are business people whose livelihoods could be adversely affected by unintended pregnancies, don’t want to be forced back into the kitchen. Quite a few of the rest of them are, like I am, disgusted by the idea that they would have to explain to anyone why they want or need to have an abortion. It’s, quite frankly, no one else’s business, no matter what the reason is. And basic privacy is, if not a right, an expectation, especially when it comes to healthcare. Abortion is healthcare for the already born women who need it, even if it’s not for the developing embryos or fetuses who have the potential to be born.

I, for one, am so ready for this issue to be settled, once and for all. This constant back and forth ping ponging about abortion is ridiculous, and it’s preventing actual work from being done to help the rank and file already born people who are actually struggling to survive. When a person is having trouble paying their bills, the last thing they want to be is unexpectedly pregnant, especially when they live in a state that is notoriously stingy about funding social welfare programs. And I am SO SICK of MEN inserting themselves in this issue, especially since a lot of them don’t even know the first thing about pregnancy or even female anatomy. They just want control over women. It’s plain and simple. Of course, some of the idiot Republican males who are claiming to be “disappointed” about this decision would not hesitate to provide access to and pay for abortions for their knocked up daughters or mistresses, would they?

Moving on…

It was totally random that I reviewed Jamie Lynn Spears’ book yesterday, and she is now participating in a new Fox reality show called Special Forces: World’s Toughest Test. I heard about the show yesterday, which also includes actress Beverley Mitchell, gymnast Nastia Liukin, Kate Gosselin (who has already washed out), and Dr. Drew Pinsky (also already eliminated). The first two episodes dropped on Wednesday, so I downloaded them yesterday and watched. I have to say, I found the show kind of boring and hokey. But… the cast mix is kind of interesting, given that it’s a mix of a lot of different kinds of people, to include reality TV stars, Olympic athletes, and actresses. I’ll probably watch the whole series and groan the whole time.

Yes… they’re REALLY going to let these “household names” die on TV. What bullshit. They must have really needed the money.

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