1066
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 28 Sep 2023
1066 points (98.8% liked)
News
23310 readers
3570 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
While this is great postering; this is a law that will undoubtedly be ignored due to the rendition clause of the US Constitution.
That covers people who commit a crime in state A and then flee to state B. It's not clear whether it's even possible for a citizen of state B to commit a crime in state A without entering state A.
I am by no means a Trump supporter but I believe what’s good for the goose is good for the gander; Trump was never present in Georgia leading up to the electoral count as far as I am aware, yet he is charged with RICO under state law in Georgia. Do you think he could have simply fought rendition to Georgia?
He made a phone call to Georgia, to influence the Secretary of State to commit fraud. That's a crime. The victims are the citizens of the State of Georgia. If I shoot you over the state line am I innocent of a crime in your state? No.
This isn't the 1800s where you flee over the county line and they can't pursue you.
That is exactly my argument.
Your argument is bad because doctors in one state are not committing crimes in other states. Unless they are leaving their state to perform an operation. Mailing something like medicine may be a crime but these are not controlled substances.
Prescribing FDA approved medication for a valid reason is not a crime that has any victim, regardless of what politicians say.
Could he? Yes. But in a conspiracy all participants are equally legally responsible for each overt act.
It's not at all clear that this would violate the Extradition Clause or Extradition Act which implements it. The offense in question isn't illegal in California and doctors practicing in California won't have fled from the States that may seek to bring charges.
This law will give California governors another reason to ignore requests from other States, requiring them to try their luck with a writ of Mandamus from federal courts.
Could you explain this further? I'm genuinely curious to know more.
States aren't allowed to be sanctuary for criminals from other states. I'm not clear on whether active pursuit is required, but if the governor of Texas produces a legal warrant for a person to the governor of California, they are required to act on it. They may not have to perform a manhunt, butbifnthe person is stopped for speeding or something, they would likely be required to arrest them. The only exception is that a state can keep a person for criminal prosecution and imprisonment first, which isn't relevant for an out of state abortion.
The state could argue that a warrant for performing an abortion isn't legal as the requesting state had no jurisdiction where the supposed crime occurred. This isn't required by the law though, so it may be up to the arrested person's counsel to raise that argument, keeping all the risk on the person still.
https://constitution.congress.gov/browse/essay/artIV-S2-C2-1/ALDE_00013632/#:~:text=A%20Person%20charged%20in%20any,having%20Jurisdiction%20of%20the%20Crime.
It's interstate extradition. Unless California is going to ignore the executive branch, it's entirely unenforceable.
Sure.
https://www.law.cornell.edu/constitution-conan/article-4/section-2/clause-2/overview-of-the-extradition-interstate-rendition-clause
Article IV, Section 2, Clause 2:
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Now arguably one can say that a California person did not flee but that argument has not been explored from what I can gather. Generally rendition seems to be granted given an indictment in another state.
In 18 U.S.C. § 3182 (which enables interstate extradition): Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. …
Overall it seems to me that a person charged in another state will be extradited as one could interpret residing in California as “fleeing” say Texas’s jurisdiction.
How exactly do you flee from somewhere you've never been?
By not coming to your arraignment.
Thanks for the further explanation. I'm curious how this is handled if products that are banned in California are mailed there from other states. For instance I recently ordered a plexiglass glue and read that if I was a resident of California they would not mail it there due to a chemical in the glue being banned in California. I'm not a lawyer obviously but to me this seems like a very similar legal situation.