[salawat]

He could be charged with aiding and abetting, but venue would almost certainly have to elevate to the Federal courts, as they have jurisdiction over inter-state parties. This would boil down in each case to an interstate dispute.

Thereby, my most pessimum view would be if you run an abortion clinic, it may well behoove you to not take certain routes if you'd like to avoid being a test case for interstate judicial proceedings until the Federal legislature sorts things out, or a Constitutional Amendment is ratified by 2/3 of the States. It blows, but that's Government of, by, and for the People.

Absolutely nothing says the People's definition of reasonable is going to mesh with any one person's.

Not a lawyer, just read books, mind.

[jacamera]

This all makes sense. On the flip side I'd imagine that there are some abortion clinic operators who are already strategizing with legal foundations to deliberately bring an ideal test case as soon as possible in order to establish a favorable precedent.

[salawat]

The thing that kills me, is that our legal system has turned into a chilling effect factory, because laws will be on the books, but prosecutors will often cherry pick or drop cases to avoid having an explicit counter precedent established. Nevermind that precedent is roughly equivalent to a longer term executive order in nature.

At some point, our system has started to look more like a system mutated through jurisprudence, rather than through sane collective action via legislation, which seems to be held up by the political machinations of special interest groups/the two main political parties, and less accessible/approachable by most constituents apparently; which leaves these types of judiciary precedent golf games to be the seemingly more accessible form of legal landscape change.

We're looking more like a country ruled by judges than by anything resembling some sort of sense in terms of how we architected the Government.

I'm not even sure I could pinpoint where the specific hangup is, or suggest a reasonable change without several years to really absorb the structural aspects of the system, and painstakingly listing out the inputs/outputs.