Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/88

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DOBBS v. JACKSON WOMEN'S HEALTH ORGANIZATION

Opinion of the Court

and be imprisoned for a term not exceeding five years nor less than one year.[1]
  1. Tennessee (1883):
    Sec. 1. That every person who shall administer to any woman pregnant with child, whether such child be quick or not, any medicine, drug or substance whatever, or shall use or employ any instrument, or other means whatever with intent to destroy such child, and shall thereby destroy such child before its birth, unless the same shall have been done with a view to preserve the life of the mother, shall be punished by imprisonment in the penitentiary not less than one nor more than five years.
    Sec. 2. Every person who shall administer any substance with the intention to procure the miscarriage of a woman then being with child, or shall use or employ any instrument or other means with such intent, unless the same shall have been done with a view to preserve the life of such mother, shall be punished by imprisonment in the penitentiary not less than one nor more than three years.[2]
  2. South Carolina (1883):
    Sec. 1. That any person who shall administer to any woman with child, or prescribe for any such woman, or suggest to or advise or procure her to take, any medicine, substance, drug or thing whatever, or who shall use or employ, or advise the use or employment of, any instrument or other means of force whatever, with intent thereby to cause or procure the miscarriage or abortion or premature labor of any such woman, unless

  1. Del. Laws ch. 226, §2 (1883) (emphasis added).
  2. Act of Mar. 26, 1883, ch. 140, §§ 1-2, 1883 Tenn. Acts 188-189 (emphasis added).