Andrew Fleischman Profile picture
Sep 23, 2020 6 tweets 2 min read Read on X
First off, people aren't being that indirect about it. They're actively worried that Casey (not Roe) will be overturned, leading to the pervasive surveillance and incarceration of pregnant women.

But of course, you don't need to make abortion a crime to reduce it:
You can be powerfully anti-abortion in your faith while not believing that making it a crime is the best way to address the problem.

Indeed, stuff like ready access to contraception, prenatal care, and financial support for parents of young children is likely MORE effective.
The question isn't about whether we should adopt policies to reduce abortion--such policies are broadly popular in even the most progressive circles.

The question is whether we should punish women who seek abortions, and doctors who provide them.
I think that, as a matter of policy, we shouldn't, because the obvious consequence of granting full personhood to the unborn is that it will justify a lot of government intervention.

Any woman drinking a glass of wine could be recklessly endangering another.
And on top of that, even with all the added surveillance, the stops by police, and the monitoring by doctors, we still can't be sure criminalization will reduce abortion.
So, in a sense, this isn't a debate between pro-life and pro-choice. It is a debate about whether we can best deter abortions through carrots or sticks.

There is nothing godless about choosing carrots.

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More from @ASFleischman

Apr 10
So my client is a paraplegic. One day, a Fulton County police department asked him to come down and answer a few questions.

A woman alleged that he KICKED her door down and assaulted her.

And they were calling him down to arrest him, not talk to him.
The client had some pretty good objections. For instance, he is paraplegic. He is physically incapable of committing the crime as alleged.

Also, he had not seen the woman in ten years.

Ahhh, the police officer said, then how did she pick you out of a lineup?
The client says "yes, we did date a number of years ago, but I have been married for ten years. We did not just break up as she said"
Read 28 tweets
Feb 17
There was a NYT op ed claiming that there's a good argument that the children of illegal immigrants don't get birthright citizenship.

Before I get into why it's wrong, first, I want to talk about all the ways we know that the 14th Amendment DOES provide such citizenship.
First and foremost, there's the text of the 14th amendment:

It says that to become a citizen, you need only be born and subject to jursidiction.

And children of illegal immigrants can indeed be sued, jailed, or taxed, as needed. Image
So if we're just applying the plain text of the amendment, and the ordinary meaning of jurisdiction, it's very strongly in support.
Read 16 tweets
Feb 15
This is one of my favorite historical stories.

In 1938, a Polish Jew living in Paris, Herschel Feibel Grynszpan, learned that his family had been arrested and deported.

He entered the German embassy, claiming to be a spy with valuable information, and shot an embassy official, Ernst vom Rath.Image
The Germans, of course, claimed that this was an enormous outrage--just part of the historical plot of the Jews to destroy the Aryan race.

They planned a series of pogroms in response, to be carried out by government agents out of uniform, encouraging the public to join in. Image
Initially, he was to be tried in Paris. Once war began between Germany and France, the lawyer asked for an immediate trial, figuring that an acquittal was likely. But as the German army approached, Grynszpan escaped. Image
Read 7 tweets
Feb 3
Threatening to prosecute people for accurately reporting information about the government violates the first amendment.
In The Florida Star v. B. J. F, 491 U.S. 524, 526 (1989), a rape victim sued a newspaper for printing her name, arguing that it violated a Florida law protecting her privacy. Image
Even though the name of a rape victim is substantially less newsworthy than the name of a public official, the Supreme Court of the United States said that publishing that name was protected by the First Amendment. Image
Read 11 tweets
Feb 3
When a public official is corrupt, you don't need to doxx them. Who they are is publicly available.
And yet good reporters still often find out embarrassing, newsworthy stuff about these people.
Now as for these private citizens doing public work, I think they should be subject to scrutiny.

For instance, would you want to know if someone was a dual citizenship Chinese national? Had gambling debts? Was secretly woke?
Read 4 tweets
Jan 22
The problem is that there's no good faith definition of "jurisdiction" under which illegal immigrants aren't subject to US jurisdiction.

They have to pay taxes. They can be convicted of crimes. They can be sued. They can be deported.

That's what jurisdiction is.
When you say we don't have "jurisdiction" over them you have to come up with some tortured definition where if you can imagine a law does not apply to illegal immigrants (or people here on a visa), that means no jurisidiction.
But one problem with that is that children are also exempt from many laws, adult criminal responsibility, the draft, etcetera, and yet no one would argue that they aren't subject to American jurisdiction.
Read 5 tweets

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