Prudence and Abortion

In addition to the issues raised by Michael, I am interested in the way prudential arguments do or do not play a role in the particular form that criminalization might take. If the position is that abortion is murder, should the aborting woman be convicted of murder? If the death penalty is considered moral, should she be subject to the death penalty? Also if the fetus is a human being, should it be deemed a violation of equal protection to outlaw the murder of some human beings, but not others? On the latter theory, the reversal of Roe would require criminalization, not just permit it.

My own view is that the position that abortion is indistinguishable from murder is in reality quite far from the views of the American people who seem prepared to accept abortions in some circumstances, but not in others (though the breakdown from state to state may vary considerably), and, perhaps, have not even been asked what kind of penalties they would support and whether they would distinguish the aborting mother from the doctor.

When I was a MOJ lurker, I asked questions like these and Rick posted them for me, but no one answered (other than Rick who sent me a thoughtful e-mail reply). I am still interested in knowing what people think.