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Where an individual reasonably believes an attacker poses a credible, criminal, imminent, threat of death or grievous bodily harm, any person is justified in using any level of force - up to and including lethal force - necessary to stop the attack.
If the claims made in this article are accurate (and they very well might not be), then In setting the standard of care at the point where a person reasonably fears "grievous injury or near-certain death", the courts may have inadvertently justified the use of force in self-defense and/or defense of others against any executive using the power of their office to attack an individual.
While this would in theory work for justifying the actions of the mother it does nothing to help enable medical professionals in providing care. The court ruling basically tells all medical professionals that they may not perform abortions for any reason. It's a death sentence pure and simple and now the hospitals are only allowed to sit back and watch.
Why wouldn’t health care professionals be able to assist?
In Texas, the Castle Doctrine is codified under the Texas Penal Code, specifically in sections 9.31, 9.32, and 9.33. Key provision for this would be: The use of deadly force is justifiable if the individual reasonably believes it is necessary to protect themselves or someone else from imminent death or serious bodily injury, or to prevent the commission of a violent crime such as aggravated kidnapping, murder, sexual assault, or robbery.
You could shoot me in Texas if I were robbing the gas station store with a deadly weapon, I would think that OPs argument that a health care professional could help and cite the Castle Doctrine as a defense.
I'll fully admit that I was unaware of the Texas Castle Doctrine law. That would in fact be an interesting angle to pursue if hospitals had a backbone. But I will stick by my opinion that hospitals will refuse to treat these women as the laws stand now because they will never risk any chance at litigation to save a mother's life.
Do the abortion at home yourself under Castle Doctrine. (I'm not actually advocating this, but it seems to be what Texas wants)
I think the court just made a legal contradiction. The hospital can't perform an abortion until the woman is already in severe harm -- but by castle doctrine they can also use deadly force to protect her from severe harm.
This puts Republicans in a hilarious position. The contradiction has to be resolved, and no matter how they do it, they lose:
The use of deadly force to prevent some else from severe harm is illegal. You can no longer shoot someone who you think poses harm. Gun nuts are furious.
The hospital can perform an abortion without the woman already suffering.
You just can't do it, okay?! This implies abortion is not "deadly force", which has all sorts of implications against abortion laws. If it isn't deadly force, there's no reason it should prohibited, like any other well founded medical practice.
They could always try to force this outside of the legal framework, but if they ignore the law, there's no reason to follow the law. They also risk reform, which seems increasingly likely.
Republicans fucked around with overturning Roe, and they're going to keep finding out until it's back as a national law.
I agree, the real life metrics would win out. Some other people have pointed out it’s not all about that one clause either.