Josseli Barnica grieved the news as she lay in a Houston hospital bed on Sept. 3, 2021: The sibling she’d dreamt of giving her daughter would not survive this pregnancy.

The fetus was on the verge of coming out, its head pressed against her dilated cervix; she was 17 weeks pregnant and a miscarriage was “in progress,” doctors noted in hospital records. At that point, they should have offered to speed up the delivery or empty her uterus to stave off a deadly infection, more than a dozen medical experts told ProPublica.

But when Barnica’s husband rushed to her side from his job on a construction site, she relayed what she said the medical team had told her: “They had to wait until there was no heartbeat,” he told ProPublica in Spanish. “It would be a crime to give her an abortion.”

For 40 hours, the anguished 28-year-old mother prayed for doctors to help her get home to her daughter; all the while, her uterus remained exposed to bacteria.

Three days after she delivered, Barnica died of an infection.

    • @Fester@lemm.ee
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      566 months ago

      There’s always an acceptable number of deaths with the GOP. It’s just happens to be infinite when it comes to healthcare, pandemics, poverty, guns - basically anything that won’t result in punishing innocent brown people. In that case the number is extremely low.

    • @jballs@sh.itjust.works
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      6 months ago

      Not only will they not care, they will dismiss it and joke about it. From the article (regarding a different woman who died from being denied life saving medical care):

      Georgia Gov. Brian Kemp called the reporting “fear mongering.” Former President Donald Trump has not weighed in — except to joke that his Fox News town hall on women’s issues would get “better ratings” than a press call where Thurman’s family spoke about their pain.

  • don
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    206 months ago

    Pro-lifers doing a fantastic job of killing people. Truly horrific.

  • 2ugly2live
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    346 months ago

    Both sides are the same. It can’t be any worse with the Republicans in office, so just don’t vote. That’ll show 'em. /s

  • @Snapz@lemmy.world
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    1576 months ago

    A texas woman didn’t die, a texas woman was murdered by the state’s ignorant, bigoted, christo-fascist policy - abbott, patrick, cruz, gohmert, that cock eyed AG and the rest of them along with every complicit texas republican voter… they all have blood on their cowardly hands.

    • @NatakuNox@lemmy.world
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      66 months ago

      Notice how that law is vague on the medical emergency aspects. When exactly is a women with an nonviable pregnancy a danger to the mother?

    • @atzanteol@sh.itjust.works
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      236 months ago

      The patient must have a life-threatening condition and be at risk of death or “substantial impairment of a major bodily function” if the abortion is not performed.

      So, therein lies the problem.

      They couldn’t take action before her life was in danger even though they knew it would be. So they have to wait until it’s an “emergency” which is far more risky. And this woman died was a result.

      This law greatly increased the risk of the situation needlessly.

      • @the_toast_is_gone@lemmy.world
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        -136 months ago

        She died, so that’s an emergency. If someone is having a stroke and somehow doesn’t die until three days later, that doesn’t make it any less an emergency.

        • @dgmib@lemmy.world
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          56 months ago

          Do you hear yourself?

          It was an emergency because she died?

          She died days after it was too late for an abortion to save her.

          If they performed the abortion when it would have saved her life, she wouldn’t have died, by your own logic it would’n’ve been an emergency.

          And you’d be here arguing that the doctor should lose his license for performing an abortion when it wasn’t an emergency.

          • @the_toast_is_gone@lemmy.world
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            -86 months ago

            Yes. If someone is going to die soon after the problem is discovered, it’s an emergency. I don’t think this is a controversial claim. If someone gets hit by a car or has a stroke and has days to live, that doesn’t mean we hold off on providing healthcare so they survive the incident.

    • @kata1yst@sh.itjust.works
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      6 months ago

      Read your own link.

      The patient must have a life-threatening condition and be at risk of death or “substantial impairment of a major bodily function” if the abortion is not performed. “Substantial impairment of a major bodily function” is not defined in this chapter.

      So, the words say that they can help, but because they (very intentionally) made the definitions of ‘life threatening condition’ and ‘Substantial impairment of a major bodily function’ undefined, there is no legal way for a doctor to bring harm to a fetus with a heartbeat without exposing themselves to the draconian Texas penalty laws https://guides.sll.texas.gov/abortion-laws/civil-penalties

    • @wjrii@lemmy.world
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      346 months ago

      The woman died of sepsis. It’s extremely likely when you have a dead or dying fetus hemorrhagically working its way out of a uterus, but until you have it, you don’t. By the time people realize what’s going on, it’s often too late.

      The law is disgusting because it is medically uninformed and constraining, and it assumes anyone considering abortion is just some gleefully slutty baby murderer.

    • @Sterile_Technique@lemmy.world
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      286 months ago

      The patient must have a life-threatening condition and be at risk of death or “substantial impairment of a major bodily function” if the abortion is not performed.

      The problem is that legal jargon and medical jargon are very different animals. The legal is deliberately ambiguous, and the medical is hyper-specific… so doctors are left scratching their heads about things like “is the white blood cell count high enough for a lawyer to call this life threatening?” “Is the blood pressure low enough?” meanwhile the mother waits and dies.

      “During a medical emergency” or “life threatening” are copouts that don’t actually mean shit, and no doctor is going to risk going to prison to find out.

        • @dgmib@lemmy.world
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          Any doctor that performs an abortion in Texas is risking a minimum $100,000 fine and permanently losing there license to practice medicine if lawyers, who are not medical professionals, decide it was medically necessary yet.

          As a result, doctors in TX have been advised by their lawyers not to perform abortions unless the mother is literally minutes away from death, because otherwise you can’t prove that it was medically necessary.

          In the case, the patient died of sepsis. Doctors couldn’t perform the abortion when she needed it because they couldn’t prove that it was medically necessary yet.

          They knew that not performing the abortion would put mom at a much high risk of dying later. But they couldn’t legally prove that risk exists because all pregnancies involve some degree of risk.

          If you want doctors to perform medical procedures when it’s medically necessary, you need doctors making that decision, not lawyers, not the state. That’s what Texas had before this law went into effect.

          It’s literally created a trolly problem, it’s now better for the doctors to let some women die so they can save more lives later.

      • @the_toast_is_gone@lemmy.world
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        -96 months ago

        [Can you point to which law before this happened prohibits abortions in cases of medical emergency?(https://guides.sll.texas.gov/abortion-laws/history-of-abortion-laws#s-lg-box-wrapper-34155545) Let’s go through the list:

        • The 1925 laws were found unconstitutional.
        • Roe v. Wade happened in 1973.
        • In 1992, the “viability” standard was introduced. This baby was clearly unviable.
        • The 1999 law is specific to minors, and the victim here wasn’t a minor.
        • The Woman’s Right to Know Act didn’t prohibit abortions.
        • The 2011 law stated that a sonogram must be performed. Because the baby was suffering from an irreversible medical condition, though, this wouldn’t apply.
        • The only part of the 2013 law that was upheld was the ban after 20 weeks “with some exceptions.” The rest were overtuned in 2016, and this event occurred before the 20th week.
        • The 2017 law was found unconstitutional in 2018, well before this happened.
        • The 2021 law went into effect on September 1, 2021. However, in Sec. 171.205, it states that the prohibition of abortions on a fetus with a detectable heartbeat “do[es] not apply if a physician believes a medical emergency exists that prevents compliance with this subchapter.” This was a medical emergency.
        • @Gerudo@lemm.ee
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          26 months ago

          It’s been the fucking wild west here in Texas due to new laws being pushed out then shot down so quickly, no one can keep track. Even the ones passed are written so badly, they can’t be interpreted correctly. The following is from an article from ProPublica

          Although US abortion bans – which more than a dozen states have enacted in the two years since the supreme court overturned Roe v Wade – technically permit the procedure in medical emergencies, doctors across the country have said that the laws are worded so vaguely that they don’t know when they can legally intervene.

          This has been repeated ad nauseum by doctors on local outlets. It’s meant to be vague and confusing.

    • @henfredemars@infosec.pub
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      6 months ago

      It’s designed to be legal minefield. If I were a doctor I certainly wouldn’t do one. I don’t want to go to prison or be accused of murder for saving somebody’s life. It’s not worth it.

      • @the_toast_is_gone@lemmy.world
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        -146 months ago

        Can you please tell me how this is a legal minefield:

        Sec. 171.002. DEFINITIONS. In this chapter:

        (3) “Medical emergency” means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.

        Sec. 171.0124. EXCEPTION FOR MEDICAL EMERGENCY. A physician may perform an abortion without obtaining informed consent under this subchapter in a medical emergency. A physician who performs an abortion in a medical emergency shall:

        (1) include in the patient’s medical records a statement signed by the physician certifying the nature of the medical emergency; and

        (2) not later than the 30th day after the date the abortion is performed, certify to the department the specific medical condition that constituted the emergency.

        You do know that medical errors happens, right? People die from them all the time. This seems like a pretty clear-cut case of it.

        • @henfredemars@infosec.pub
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          6 months ago

          What happens if they thought it was an emergency but other physicians might not agree, or after the fact when more information is available it turns out not to be?

          So what happens is you wait and wait until your patient is going to die without a doubt… because you have to be sure, thus putting their life at risk.

          Emergencies are often not so easy to characterize in the real world. Sometimes you have to make assumptions. Those assumptions aren’t always correct.

            • @henfredemars@infosec.pub
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              I don’t think that’s what it says. Why include the medical records in the statement if we are meant to rely on the doctor’s belief at the time based on the information that was available? Shouldn’t it be enough to trust the expert? It rather looks like making sure there’s documentation for possible criminal prosecution (for murder!) if they’re wrong.

              Sure, I can accept there’s a theory of exceptions, but I think it’s liable to scare away providers. However, I suppose I’m not a medical expert. I can point to the well lack of care situation as my example of this concern and the chilling effect the law has on providers doing their jobs.

              • @the_toast_is_gone@lemmy.world
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                -76 months ago

                I’m not a medical expert either, but I rely very heavily on physicians to remain alive. You and I both have a vested interest in our doctors treating us well. This looks like a tragic case of a medical error. This was, in 2018, the leading cause of death in America. It’s not a huge stretch of the imagination. Even given the requirement to document it, with over a dozen people saying it would have been correct, it seems like it would be a very simple matter to prove in before a judge that it was necessary. The law also seems more geared towards collecting anonymous statistics as well.

    • @Bytemeister@lemmy.world
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      296 months ago

      Sure sure. Perfectly legal to do an abortion in Texas in a case of a medical emergency.

      And then the case gets reviewed by a board of religious zealots who believe unwanted pregnancies (and by extension, pregnancy related deaths) are part of their god’s divine plan. They determine if this was an abortion, or a murder. In Texas, a state where the only thing liberal is their application of the death penalty.

      Can you see why what the law says and what the law does can be very different?

      • @Ultraviolet@lemmy.world
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        66 months ago

        The definition of emergency is absurdly specific though. The corpse inside you can’t just be dead, it can’t just be decomposing, the fragments of putrefying corpse matter must be coursing through your blood at a sufficient concentration before anything can legally be done.

        • @catloaf@lemm.ee
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          46 months ago

          If she dies, then it was an emergency and you should have saved her. Jail.

          If she doesn’t die, then it wasn’t an emergency and you shouldn’t have done the abortion. Jail.

    • @Zombiepirate@lemmy.world
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      596 months ago

      The hospital knew that they had to protect themselves against the jagoffs who prosecute people who provide women with healthcare.

      The law is what created this situation; if the doctors and hospital administration didn’t have to worry about the fascists in the State government, this never would have been an issue.

      Or do you just think the doctors didn’t perform the procedure because they didn’t feel like it?

      • @leftzero@lemmynsfw.com
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        -176 months ago

        I don’t give a flying fuck why they didn’t help her or what the law says.

        They’re monstrous torturers and murderers, regardless of their reasons or lack thereof.

        You don’t let someone suffer and die when you have the means to save them, regardless of the consequences, except possibly if those consequences would lead to greater suffering and death (trolley problem). Especially if you call yourself a doctor. (And no, the possibility of going to prison does not count as greater suffering and death, no matter how much of a sociopath you are).

        • @Zombiepirate@lemmy.world
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          256 months ago

          It’s easy to sacrifice someone else to the system. I’m not saying it was the right thing to do, but if these doctors have to stop practicing medicine then more women will die.

          Point the blame at the right people.

          • @leftzero@lemmynsfw.com
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            6 months ago

            but if these doctors have to stop practicing medicine then more women will die

            Whatever these so called doctors are practicing is the opposite of medicine.

            If they were to stop practicing it, at least they wouldn’t have the opportunity to torture and murder more victims, and maybe some real doctors would get their jobs and be able to help.

            There’s no excuse for collaborating with a fascist regime. The ones obeying the orders are just as guilty as the ones giving them.

            • @parrhesia@sh.itjust.works
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              16 months ago

              That’s pretty easy to say when you’re not on the hook and not one of the few doctors that didn’t leave for blue states when the shit hit the fan.

            • @Zombiepirate@lemmy.world
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              116 months ago

              Do you really think OB/GYN are lining up to be doctors in Texas?

              Why are you not taking it into your own hands? You’ve not exhausted your own extralegal options, but you’re calling on others to do it.

              • @leftzero@lemmynsfw.com
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                6 months ago

                I’m lucky enough to live in a relatively civilised country (comparatively at least; everything can be improved), not some fascist hellhole like the USA.

                Unlike the monsters who tortured and murdered this woman, however, I do use the opportunities and means I have to help people around me, but said people are lucky enough to not be anywhere near the USA.

      • @the_toast_is_gone@lemmy.world
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        -536 months ago

        The law is perfectly clear in allowing this. I’m not going to guess why they didn’t do it, but your point is like arguing a cop watching a mass shooting happen right in front of him would be right to blame the law against excessive use of force if he chose not to kill the mass shooter even though there was an explicit clause saying it would have been permitted.

        • @Zombiepirate@lemmy.world
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          486 months ago

          I’m not going to guess why they didn’t do it

          We all know why they didn’t do it, and your willful ignorance is telling.

          • @the_toast_is_gone@lemmy.world
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            -126 months ago

            Can you please tell me how this is confusing:

            Sec. 171.002. DEFINITIONS. In this chapter:

            (3) “Medical emergency” means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.

            Sec. 171.0124. EXCEPTION FOR MEDICAL EMERGENCY. A physician may perform an abortion without obtaining informed consent under this subchapter in a medical emergency. A physician who performs an abortion in a medical emergency shall:

            (1) include in the patient’s medical records a statement signed by the physician certifying the nature of the medical emergency; and

            (2) not later than the 30th day after the date the abortion is performed, certify to the department the specific medical condition that constituted the emergency.

            You do know that medical errors happens, right? People die from them all the time. This seems like a pretty clear-cut case of it.

            • @Zombiepirate@lemmy.world
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              106 months ago

              It wasn’t a “medical error.”

              It was the State of Texas intimidating doctors into not performing life-saving healthcare.

              You can try to reframe it all you want, but this it the truth of the situation.

                • @Zombiepirate@lemmy.world
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                  116 months ago

                  Yeah, they probably were just taking a long lunch instead of treating a patient.

                  Are you really asking how a law can be intimidating? That’s like… The reason we have laws, man.

            • @catloaf@lemm.ee
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              86 months ago

              It’s confusing because Ken Paxton doesn’t actually care about the law. His goons will show up at your door and accuse you of violating the law whether you did the right thing or not.

              • @the_toast_is_gone@lemmy.world
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                -116 months ago

                That’s worth watching an innocent person die? Besides, how likely is it that “even though she was literally dying of the infection and the hospital knew it, that didn’t constitute a medical emergency” would hold up in court?

    • @dessimbelackis@lemmy.world
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      6 months ago

      Anti-choice is gaining more traction and is more accurate. Anti-choice or pro-death is more appropriate and logically consistent

    • @kent_eh@lemmy.ca
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      66 months ago

      Picture this when ever you see that Orange Turd walk on camera. That is what he brings.

      Also the smarmy couch-fucker who is riding on his coattails.

    • Tedesche
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      176 months ago

      Don’t blame America for this. Most of us want legal, safe abortion laws. It’s a disgruntled minority of hyper-religious whack jobs that have been handed outrageous power in our top court by a narcissistic sociopath that are to blame.

      Evangelicals Christians = American Taliban.

      • @unemployedclaquer@sopuli.xyz
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        -16 months ago

        yeh agreed! but might be a bit complicated. possibly the dumbest thing i’ve ever written down is that I’m into some cool bands,

  • andrew_bidlaw
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    6 months ago

    This situation is so insane that gut punching a pregnant woman could’ve saved her life. IT IS NOT WHAT I SUGGEST AT ALL. But as medical team didn’t kill off the dangerous and doomed unbred for they feared the liability coming from theae weird laws, I guess, that could cross the mind of a father at least once*.

    * If he was someone as fucked up as me, I guess.

  • Flying Squid
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    586 months ago

    Republicans: “God’s will.”

    As long as there was no abortion, their view is she deserves it.

    • Its funny how religious people love invoking their holy books to justify hatred and violence while ignoring the parts explicitly saying to not judge others and that human life is more valuable then any commandment from god (also the torah/old testament allows abortion in many cases). Its almost as if those “religious people” don’t care about religion and just want an excuse to hate.

    • Phoenixz
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      176 months ago

      Fuck your God.

      Well, actually there is no god, or gods, but you know, fuck your idea of what a God would be like

    • @dgmib@lemmy.world
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      216 months ago

      Not all of them.

      The Dobbs decision that overturned Roe v. Wade, was later.

      But this was just days after Texas SB 8, 87th Regular Session went into effect. Which added two major laws related to abortion: the prohibition of abortion after a fetal heartbeat is detected and the ability to file a civil lawsuit against anyone who provides or facilitates an abortion.

      Doctors were warned by their lawyers that if they provided an ‘abortion’ after a fetal heartbeat was detected (the case here) that they would be sued and likely lose their license if they lost.

    • @Zombiepirate@lemmy.world
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      216 months ago

      Texas jumped the gun on these laws:

      The Texas law prohibiting abortions after a fetal heartbeat could be detected—as early as five or six weeks—went into effect September 1, 2021. At the time, the law—Senate Bill 8, or S.B. 8—was the most stringent state abortion law in the country. It did not allow exemptions for congenital anomalies.

  • Log in | Sign up
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    6 months ago

    Vote Kamala Harris and your sisters, wives and daughters might stop dying for lack of health care when pregnant. Allow Trump to regain power and it will get much, much worse for the women you care about.

    • @electric_nan@lemmy.ml
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      -536 months ago

      What is the course of action that you expect Kamala to take that would prevent this situation in Texas? And if you have one, why hasn’t Biden done it already?

      • @Yeller_king@reddthat.com
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        626 months ago

        Win the WH, win both houses of Congress, blow up the filibuster and enact national protections for abortion.

        Will it work? Probably not. It definitely won’t happen if Trump wins, though.

        Plus if Trump wins, Alito and Thomas retire and get replaced by 25 year old fascists and things get even worse for decades.

        I dunno if you were being sincere or intentionally obtuse, but it’s kind of straightforward that we have to win.

        • @Altofaltception@lemmy.world
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          -66 months ago

          I am not American, nor the person you responded to, but in 2020 the Democrats won the white house, the Senate, and the House of Representatives.

          As an outsider looking in, why is there the expectation that Kamala doing it again in 2024 will have a different result?

          • @SwingingTheLamp@midwest.social
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            Back in 2020, I read op-eds from several pundits who worried that choosing Biden was a mistake, as he ran on a platform essentially of returning politics to “normal.” They worried that once he won, people would settle back into the old routines, and forget about the simmering fascist threat and do diddly about it. I remember this well, because I feared the same.

            That’s pretty much what happened. Credit to the House January 6th special committee for finally forcing Merrick Garland to get off his ass and do a something about the insurrection… 2 years later. (Which made it easy to delay the trial until after the next election.) That’s about it, though. Hell, this wasn’t difficult to predict, given the way that Obama decided to “look forward” and not hold Bush administration officials accountable for their crimes.

            That is to say, if Harris wins, I predict more of the same. Folks on the blue side will breathe a sigh of relief, make excuses for why they can’t act, and do their best to forget about it until the next most-important-election-in-history. We (Americans) don’t have a plan to deal with it, and they’ll instead just get angry and call you and me disingenuous, or Russian bots, for pointing it out.

          • @Tinidril@midwest.social
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            146 months ago

            Unfortunately the Democrats need slightly more than a bare majority because some Democrats might as well be Republicans.

            Kamala has also stated her support for exempting this legislation from the filibuster, something Biden didn’t do. She wouldn’t technically have the power herself, but might get Senate Democrats on board.

          • @Yeller_king@reddthat.com
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            206 months ago

            Ok probably not sincere.

            The contentiousness is what put killing the filibuster on the table. In less contentious times, we didn’t need to destroy basic political norms just to save people’s lives.

            It takes basically no effort to vote. Things are clearly better with Harris winning than Trump.

              • @Draedron@lemmy.dbzer0.com
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                66 months ago

                You arent sincere. You dont bring any arguments to the table while all the people you are arguing with did. Why do you think Trump would make this situation better when he is the reason this issue exists?

      • @Chapelgentry@lemmynsfw.com
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        196 months ago

        Who controls the House? That’s a better barometer of change but having a supportive president is paramount. Either have control of the house and overwhelming control of the Senate, or enough control of both that a friendly President signs the bill into law.

        Why hasn’t Biden done it already? Mike Johnson.

      • @sour@feddit.org
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        36 months ago

        What definitely will happen with Kamala is that women in New York or California don’t suffer the same fate next year as well.

      • @WaxedWookie@lemmy.world
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        126 months ago

        Not actively, gleefully making things worse. Biden is doing this.

        Working to stack the Supreme Court, and triggering a constitutional crisis in the process because the Republican Senate will refuse confirmation, and the Supreme Court that was stacked with self-contradictory GOP bullshit will agree with them would be the interesting move that won’t happen because the Democrats are cowards and institutionalists rather than fascist monsters.

  • Aviandelight
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    1756 months ago

    This is fucking barbaric. The hospital let her sit for 40 hours with a fetus hanging out of her uterus. Just take a moment to imagine what that alone must have felt like aside from the emotional horror of losing a pregnancy. We wouldn’t even imagine treating pets or livestock this way but it’s clear that these repugnant forced-birthers don’t consider women to be people. One little pill to speed up the labor that her body already decided was needed was all that was required to keep this woman alive. What’s the point of even having healthcare when we can’t rely on it.

    • @tabarnaski@sh.itjust.works
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      136 months ago

      Not a lawyer, but I wonder if there a case to be made with letting a woman get an infection and die due to the fear of commiting a crime by killing the baby. In the end, two people died, but one could have survived.

    • @Coach@lemmy.world
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      316 months ago

      God. I agree. This is horrific. And we have the audacity to consider ourselves a first-world country. Texans should immediately take themselves to the state house to demand better. Our tax dollars pay for hospitals to treat us, not to kill us.

  • @LANIK2000@lemmy.world
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    156 months ago

    Omfg I get it now… “All life is sacred” as in all life must feel the fearful embrace of God.

    I was gonna put a “/s” at the end, but I’m honestly not too sure anymore… Seems like that’s exactly what they want. Like what’s the point if not the cruelty?