Giving Eric Swalwell’s Ridic Ad the Ultimate Debunk

By now, you have surely seen the absolute laughfest that is Eric Swalwell’s new political ad. If you’ve somehow missed it, please enjoy:

MAGA Republicans want women arrested for having an abortion. This is what that looks like. #LockHerUp pic.twitter.com/YUD0swW8DE

— Eric Swalwell (@ericswalwell) October 18, 2022

First of all, may I just point out that Swalwell is running for office in CALI-FREAKING-FORNIA, where NO ONE’S abortion access is being restricted?? Stay in your lane, champ (and out of Chinese spies, HEYO).

Second of all, and more importantly, this soap opera in mini is utterly misleading. You and I both know that 0 abortion restricting laws, proposed or enacted, actually criminalize the abortion seeker. But since people apparently are falling for this BS, I have taken it upon myself (and my research assistant, Mom) to thoroughly debunk this ludicrous idea.

BEHOLD: All the laws on abortion, by state, with links.

Alabama: No abortions are allowed except in the case of danger to the mother or medical emergency (including ectopic pregnancies, so can we please put that one away??) “No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable.”

Alaska: Abortion is a protected right.

Arizona: It is illegal to perform an abortion after 20 weeks. And, specifically, “A woman on whom an abortion is performed or induced in violation of this section may not be prosecuted under this section or for conspiracy to commit a violation of this section.”

Arkansas: They ban abortion except in case of danger to the mother/a medical emergency (INCLUDING ECTOPIC PREGNANCIES!) and “does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child; or (2) Prohibit the sale, use, prescription, or administration of a contraceptive measure, drug, or chemical if the contraceptive measure, drug, or chemical is administered before the time when a pregnancy could be determined.”

California: Abortion is legal to the point of viability, which is defined as “the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.”

Colorado: Abortion is a protected right.

(Side note, Colorado, WTF is this?)

Connecticut: Abortion is legal, though only in the third trimester for reasons related to the safety of the mother. Also it became a “sanctuary state” for abortions after the overturning of Roe v Wade.

Delaware: Abortion is legal up to the point of viability. It is also a sanctuary state as of June 2022.

Florida: A recent law bans the performing of abortions after 15 weeks (though they may be performed later if the health/life of the mother depends on it). However, the wording regarding who may be held criminally liable is, in my opinion, concerningly vague: “Any person who willfully performs, or actively participates in, a termination of pregnancy in violation of the requirements of this section or s. 390.01112 commits a felony of the third degree” (emphasis added). Is the seeker of the abortion legally defined as an active participant?

Based on the immediately following text, I would suggest no: “Any person who performs, or actively participates in, a termination of pregnancy in violation of this section or s. 390.01112 which results in the death of the woman commits a felony of the second degree.” People don’t usually get charged with a crime for ending their own lives, but I would prefer some clarification on the language.

So, okay, like, a third of a point to Swalwell & Co.

Georgia: Their law outlaws the performing of abortions after the detection of a fetal heartbeat, with exceptions given for medical emergencies and “medically futile” pregnancies. Abortions are also allowed up to 20 weeks in the cases of rape or incest, providing a police report has been made.

A woman who has had an illegal abortion performed upon her “may recover in a civil action from the person who engaged in such violation all damages available to her under Georgia law for any torts.”

And oh, guess what?? Abortion is specifically defined as NOT INCLUDING ECTOPIC PREGNANCIES!

Hawaii: Hella abortions forever (to the point of viability).

Idaho: “Every person who performs or attempts to perform an abortion as defined in this chapter commits the crime of criminal abortion.” There are allowances given for rape and incest (provided a police report has been filed) as well as danger to the mother.

Aaaaaand of course: “Nothing in this section shall be construed to subject a pregnant woman on whom any abortion is performed or attempted to any criminal conviction and penalty.”

Illinois: Abortion is a protected right.

Indiana: You have 20 weeks to get an abortion if there’s a risk to the mother or the fetus has a lethal abnormality, and 10 weeks in cases of rape or incest. And while I personally feel that a lot of their rules around abortion are unnecessarily invasive, the law clearly states:

(d) A woman upon whom a partial birth abortion is performed may not be prosecuted for violating or conspiring to violate section 1(b) of this chapter.

(e) A woman upon whom a dismemberment abortion is performed may not be prosecuted for violating or conspiring to violate section 1(c)of this chapter.

Iowa: Abortions are prohibited except in cases that may cause physical danger to the mother. “A mother upon whom a partial-birth abortion is performed shall not be prosecuted for violation of subsection 2 or for conspiracy to violate subsection 2.”

Kansas: Abortion is illegal unless the mother’s physical well-being depends on it. “A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 2021 Supp. 21-5302, and amendments thereto.”

Let the record show that this has been the most miserable legalese to wade through thus far.

Kentucky: Physicians may be prosecuted for performing abortions not considered necessary to preserve the physical health/safety of the mother. “No penalty shall be assessed against the woman upon whom the partial-birth abortion is performed or attempted to be performed.”

Louisiana: This is starting to sound like a broken record, but abortions are illegal to perform except in the case of the mother’s physical health. And of course: “Nothing in this Section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.”

Later, the bill reiterates: “This Section shall not apply to the female who has an abortion.” And, when it gets to the penalty for those who perform an unlawful abortion, it says again, “This penalty shall not apply to the female who has an abortion.”

THREE SEPARATE TIMES.

TOPICAL ASIDE: You may have seen this story circulating about a Louisiana woman “forced” to travel to New York to abort a fetus developing without a skull. Pro-abortion activists were thrilled to use this as an example of how damaging these evil and draconian abortion laws are, but as usual, the truth is much less juicy. The physicians she consulted in her hometown of Baton Rouge simply didn’t understand state law, which is kind of embarrassing, since it CLEARLY STATES that abortions shall not be performed “[e]xcept in the case of a medical emergency or when a pregnancy is diagnosed as medically futile” wherein “medically futile” is defined as “in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth.”

Maine: Abortion is legal up to the point of viability.

Maryland: Abortion is legal up to the point of viability.

Massachusetts: Abortion is legal up to 24 weeks.

Michigan: After the overturning of Roe v Wade, Michigan technically fell back on a 1931 law that prohibits abortion except to save the mother. However, that was swiftly struck down as unconstitutional, leaving Michigan in a weird limbo state. There will be a vote next month on whether to add abortion as a protected right to the state constitution, which would allow abortions up to the point of viability.

Minnesota: Abortion is considered a protected right after a 1995 court case that found previous limitations unconstitutional.

Mississippi: Ah, Mississippi. The pot stirrer of all pot stirrers. The woman-hating Nazis to put all others to shame. But what it actually says is that abortions are illegal after 15 weeks except in cases of medical emergencies or severe fetal abnormalities, and only abortion performers are criminally liable. YAWN!

Missouri: After the overturning of Roe v Wade, Missouri had a trigger law go into effect that bans abortion except for medical emergencies. BUT! “A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection.”

Montana: Abortion is legal up to 20 weeks, and after that point in the case of a medical emergency. (Interestingly, Montana draws the line at feeling pain, which has not been referenced elsewhere so far.) The state attempted to pass some (slightly) more restrictive laws last year, but they are currently being blocked. None of them involve prosecuting abortion seekers.

Nebraska: The performing of an abortion is legal until the point of viability, excepting danger to the mother’s health after that point. Some people are worried they’ll try again to pass a previously unsuccessful abortion ban, but guess what? That bill says, “No woman upon whom an abortion is performed or attempted shall be liable for a violation of this section.”

TOPICAL ASIDE: Another widely-circulated headline about the downfall of society after Roe v Wade was overturned was about a mother and daughter in Nebraska who, according to headlines, are criminally charged with performing an abortion. Except that’s not what happened. The pregnant daughter, with her mother’s support, took abortion-inducing drugs, delivered a stillborn baby, and then they hid the body. That’s like, an entire litany of crimes, and it would be illegal even in the most permissive of states because the “abortion” was not performed by a licensed physician, which pretty much EVERY state requires for an abortion to be considered legal.

Nevada: Abortion is legal to the point of viability and afterwards to save the life/health of the mother.

New Hampshire: They prohibit abortion after 24 weeks unless there’s a medical emergency.

New Jersey: Abortion is a protected right.

New Mexico: Last year, they repealed an older law outlawing abortion (which made allowances for rape and incest, by the way).

New York: Abortion is legal up to 24 weeks with exceptions at later dates for health of the mother or if the baby is not viable.

North Carolina: It is illegal to perform an abortion after 20 weeks, except in the case of a medical emergency.

North Dakota: North Dakota had a trigger law go into effect that states, “It is a class C felony for a person, other than the pregnant female upon whom the abortion was performed, to perform an abortion” (emphasis added). However, that law is subject to an injunction and as such is not currently being enforced, so in the meantime, abortion is generally illegal after 20 weeks, BUT! Of course! “The pregnant woman upon whom the abortion is performed in violation of subsection 1 may not be prosecuted for a violation of subsection 1 or for conspiracy to violate subsection 1.” (Like Montana, by the way, ND draws its line at the fetus’s ability to feel pain.)

Ohio: Similar to North Dakota, Ohio had a post-heartbeat ban (roughly 6 weeks) go into place after Roe v Wade was overturned, but it is also subject to an injunction. (The heartbeat bill only criminalizes the performing of an abortion.) So, under the currently standing law, abortion is legal up to viability (generally defined as 24 weeks), though “[a] pregnant woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of division (A) of this section is not guilty of violating division (A) of this section or of attempting to commit, conspiring to commit, or complicity in committing a violation of division (A) of this section.”

Oklahoma: Oklahoma’s first step was to pass a trigger law that repealed all their Roe-era abortion rules. Shortly thereafter they codified a new abortion-restricting law which criminalizes the performing of abortions except in the case of medical emergencies, but does not “authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.”

(She can’t be held civilly liable, either, by the way.)

Oregon: Abortion is a protected right.

Pennsylvania: Abortion is legal up to 22 weeks, with exceptions for medical emergencies, safety of the mother, blah de blah. There’s only so many ways you can say the same reasonable things.

But enjoy this dense legalese for “women won’t be criminally prosecuted”:

“[N]o criminal penalty shall apply to a woman who violates any provision of this chapter solely in order to perform or induce or attempt to perform or induce an abortion upon herself. Nor shall any woman who undergoes an abortion be found guilty of having committed an offense, liability for which is defined under section 306 (relating to liability for conduct of another; complicity) or Chapter 9 (relating to inchoate crimes), by reason of having undergone such abortion.”

(Yes, I should be cleaning these quotes up to make this article more accessible and easier to read, but I feel like y’all need to appreciate what I’m going through FIFTY TIMES OVER for the purpose of being Exhaustively Correct.)

Rhode Island: Abortion is legal up to fetal viability.

South Carolina: South Carolina enforces a heartbeat bill (again, usually this ends up banning abortions around 6 weeks). There are exceptions for rape and incest (and of course medical emergencies/danger to the mother), but what makes this one interesting is that it doesn’t require the pre-existence of a police report– though the doctor performing the abortion must notify his/her local sheriff of the allegations.

Now, behold: “A pregnant woman on whom an abortion is performed or induced in violation of this article may not be criminally prosecuted for violating any of the provisions of this article or for attempting to commit, conspiring to commit, or acting complicitly in committing a violation of any of the provisions of the article and is not subject to a civil or criminal penalty based on the abortion being performed or induced in violation of any of the provisions of this article.”

South Dakota: In 2005 South Dakota passed a trigger law that outlaws the performing of abortions, except for the sake of the mother’s health/safety. This is, so far, the briefest language for an abortion ban I have encountered.

Tennessee: A trigger law went into effect that bans the performing of abortions, except to protect the mother’s health/safety. “This section does not subject the pregnant woman upon whom an abortion is
performed or attempted to criminal conviction or penalty.”

Texas: Same thing as Tennessee, pretty much. Trigger law, no abortions except to save the mother’s life/physical wellbeing, etc. etc. And, like Tennessee, even the right-wing third world cesspool that is the great nation of Texas specifies, “This chapter may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted.”

Utah: The state of Utah prohibits abortion with exceptions for the health/safety of the mother, fetal unviability/severe brain abnormalities, and rape & incest (provided a police report has been made). Criminal penalties apply only to “a person who performs an abortion in violation of this section.”

Vermont: Abortion is a protected right.

Virginia: First trimester abortions are legal. Should an abortion be performed outside of the stated legal parameters, only the abortion performer is criminally liable. And lest you panic that the wording is too vague, the actual wording is that “he shall be guilty of a Class 4 felony” (emphasis added). Sooooo still feel like arguing that men can get pregnant?

Washington: Abortion is a protected right.

West Virginia: First of all, “miscarriage” is specifically excluded from the definition of “abortion.” So shut the hell up, all you whiners who decide to politicize your personal tragedies.

As for the actual restrictions, however, abortions are illegal except in cases of medical emergency, ectopic pregnancies (curiously, this exception is not within the “definitions” section like it is in just about every other law that mentions them specifically), and/or nonviability of the fetus. There’s also an 8-week window (14 weeks for minors) if the child was the result of rape or incest, provided the crime has been reported to law enforcement OR, in the case of minors/incapacitated adults, medical treatment related to the crime was received.

And those silly hillbillies, looking out for women’s rights and all: “This section shall not be construed to subject any patient upon whom an abortion is performed or induced or attempted to be performed or induced to a criminal penalty for any violation of this section as a principal, accessory or accomplice, conspirator, or aider and abettor.”

Wisconsin: So. . . technically, after Roe v Wade was overturned, Wisconsin fell back to a law from 1849 that outlaws nontherapeutic abortions. And YET! It STILL absolves the mother: “Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.”

Of course, there’s a lot of controversy and legal action around that law, which is fair enough because, uh, 1849. So what Wisconsin is actually currently enforcing is a 20-week (point of feeling pain) ban, with exceptions for medical emergencies. As for criminal liability. . . “No penalty may be assessed against a woman upon whom an abortion is performed or induced or attempted to be performed or induced.”

Wyoming: Wyoming is another state with a trigger law that’s currently under an injunction. Their trigger law outlaws the performing of abortions with that holy trinity of exceptions: danger to the mother’s life/health, rape, and incest. As the law currently stands, abortion is legal up to viability.

HALLELUJAH, HOLY SH*T! Where’s the Tylenol?

A few key takeaways:

1. Most importantly: NO ONE ANYWHERE EVER WANTS TO MAKE ABORTION SEEKING WOMEN CRIMINALLY LIABLE.
2. Almost every law limiting abortion makes specific exemptions for ectopic pregnancies (far more than the ones I specifically pointed out).
3. Every. Single. Abortion. Restricting. Law. Makes exceptions for the physical health and life of the mother. So even the ones that don’t specifically mention ectopic pregnancies? They include ectopic pregnancies.
4. Full disclosure, I tended to skim the sections for definitions (especially once I hit the I’s because it’s SO REDUNDANT), but from my cursory glances, every abortion-limiting law specifically excludes things like miscarriages, deceased fetuses, etc. from their legal definition of “abortion.” All those “gray areas” progressives like to screech about are actually quite black and white. There are gray areas to do with abortion, don’t get me wrong! But that’s not one of them.
5. Many of these trigger laws were drafted years, even a DECADE ago. So if anyone tries to argue, “Well, they want to, they just haven’t had a chance to make a law criminalizing abortion seekers!” Uhhh, incorrect. They’ve had ages. (About as much time as Dems had to codify Roe v Wade legislatively, rendering that SCOTUS decision redundant, but we’re not supposed to talk about that.)
6. I never want to see the words “fetal” and “dismemberment” next to each other again.

Please feel free to share this article (or the links within) whenever your liberal relatives on Facebook start b*tching about how Ron DeSantis personally punches abortion-seekers in the face, or whatever conspiracy Occupy Democrats pushes next. Pro tip: Most of their other arguments are debunked by the selfsame links. But this was a mission with one singular goal, and I have accomplished it.

I have proven Eric Swalwell a lying algae smear on the crisp white linens of society.