“I believe that most providers, and certainly Planned Parenthood, intend to follow the law,” said Helene Krasnoff, vice president of public policy litigation and law at Planned Parenthood Federation of America. At the same time, she said, some people would violate the ban because “patients are going to be desperate”.
Abortion rights groups said there could be serious consequences if law enforcement moves to aggressively investigate abortions and prosecute them as crimes.
While existing laws largely exempt women who get abortions, defense attorneys and abortion rights groups are concerned that avid prosecutors could file lawsuits against anyone who helps them get abortions or abortion pills. Lawyers say the 2014 case of a Pennsylvania mother who was sent to jail for ordering abortion pills for her teenage daughter is a harbinger.
“It’s open season,” said C. Melissa Owen, a criminal defense attorney in Charlotte, NC, who studied laws criminalizing abortion. “Best friends, aunts, mothers, boyfriends, receptionists, nurses – anyone who provides care or assistance falls under the umbrella of being a co-conspirator.”
In Oklahoma, where an abortion ban took effect from the moment of conception Friday, Attorney General John O’Connor has promised immediate enforcement, including against those who “apply for abortions,” saying it could companies include those who said they would support employees traveling from the state for abortions.
“I would say if you put up a billboard, or if you advertise that you are going to have abortions in Oklahoma or in another state, that you are requesting an abortion,” he said. O’Connor told reporters.