Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/82

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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

with intent thereby to destroy such child, unless the same shall be necessary to preserve the life of such mother, such person shall, in case the death of such child or mother be thereby produced, be deemed guilty of manslaughter.[1]
  1. Nebraska (1866):
    Every person who shall willfully and maliciously administer or cause to be administered to or taken by any person, any poison or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by confinement in the penitentiary for a term not less than one year and not more than seven years. And every person who shall administer or cause to be administered or taken, any such poison, substance or liquid, with the intention to procure the miscarriage of any woman then being with child, and shall thereof be duly convicted, shall be imprisoned for a term not exceeding three years in the penitentiary, and fined in a sum not exceeding one thousand dollars.[2]
  2. Maryland (1868):
    And be it enacted, That any person who shall knowingly advertise, print, publish, distribute or circulate, or knowingly cause to be advertised, printed, published, distributed or circulated, any pamphlet, printed paper, book, newspaper notice, advertisement or reference containing words or language, giving or conveying any notice, hint or reference to any person, or to the

  1. Act of Oct. 19, 1864, Ore. Gen. Laws, Crim. Code, ch. 43, § 509 (1845-1864)
  2. Act of Feb. 12, 1866, Neb. Rev. Stat. tit. 4, ch. 4, § 42 (1866) (emphasis added); see also Neb. Gen. Stat. ch. 58, §§ 6, 39 (1873) (expanding criminal liability for abortions by other means, including instruments).