“Here's the audacity: Self-managed abortion is not even a crime in fucking Nebraska,” an advocate told Jezebel. The case is a harbinger of more criminalization.
Some people reading about the case are getting hung up on the timeline and debating abortion later in pregnancy, instead of focusing on the broader issue of criminalizing abortion and stillbirth. Roth and Kidvai say the state is more than happy to let them.
“It is not illegal to self-manage an abortion in the vast majority of states, irrespective of gestational age,” Roth. “This [prosecution tactic] is speaking to the court of public opinion rather than the court of law.” The prosecutors in this case “tried to paint a portrait of this mother and daughter in a negative light and to deprive them of their humanity and to erase the fact that we’re talking about a teenager who was not ready to have a child.
Elizabeth Ling, senior helpline counsel at If/When/How, said in a statement that charges like those made against Burgess and Celeste aren’t new but they are scary. “We should all be outraged that prosecutors in Nebraska chose to misuse the law and criminalize a mother who was simply supporting her daughter. No one should have to fear punishment for helping a loved one make the best decision for themselves, including when they decide to self-manage their abortion.
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