Comment

Facts Not a Stumbling Block for Morrissey

73
Gus12/18/2009 12:05:41 pm PST

re: #40 auldtrafford

Actually, the section of the Virginia code also has parts D, E & F (google Virginia Criminal Code - not hard to find - maybe more than 5 seconds, but not much). And Part F says:

Now, you will look at that and say - well, that’s where a physician has caused the death. But statutory interpretation is a slippery job, and the rule tends to be that you interpret statutes so as not to impose criminal liability. Here the argument would be: there are two ways to read the statute: the way you are reading it, and “performance of any act … in violation of this section OR performance of a procedure by a physician in violation of this section.”

In this case, you can follow the link and listen to a frustrated deputy sheriff who obviously wants to prosecute, and reference to a similar, earlier case. Also discussion about legislators who refuse to touch the statute for fear of alienating abortion activists.

So - all you Virginia lawyers commenting here: fine. But apparently there are some others also pretty familiar with Virginia law that don’t think it is as clear as you do.

Irrelevant.

That’s basically indemnifying the mother from any act or procedure by a physician in violation of this section.