I Don't Suport Unconstitutional Laws, Especially Bad Ones

This story is making much news. Although Libertarians can’t really support H.B. 1237, it is better then the current laws on the books. You’ve probably heard the story which I have attached below. (The law probably changes felonies to Class B Misdemeanors.) You may also find more from this story and thread.

Things to remember: Indiana Constitution Article I Section 23. Equal privileges. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

So a law letting special people kill with a license and not others is unconstitutional. H.B. 1237 is also unconstitutional since Indiana government cannot give out rights based on fees or licenses. Civil fines and fees we can dispute, but criminal offenses must be fought when there is no intent to do harm. When a child delivers a sibling because no one else is around do we charge that person with a crime?

If the prosecutor brings this case in April, the jury should use Indiana Article I Section 19. Right of jury to determine law and facts in criminal cases. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

The judge should explain Article I Section 19 to the jury.

This (jury instruction) might be a case the Indiana Libertarian Party might want to pursue. I once fought a case (albeit a traffic ticket) where the prosecutor presented “standard” jury instructions (big surprise it was chosen over my instructions) that included that the jury was responsible for judging the law and the facts. I did some explaining as to what that meant in my summation.


I think we should at least make the party if not others aware of H.B. 1237 and this case.



Courthouse rally supports midwife

Kris Kirschner/Eyewitness News

Shelbyville, Jan. 20 - Outside the Shelby County courthouse was an event that turned out to be a family affair. Mothers, a few dads and their children were hoping to send a message from downtown Shelbyville all the way to the Statehouse.

Andrea Tian believes, "If midwives are prosecuted, home birth families will have nobody to attend to them."

The rally Friday centers around Jennifer Williams, a midwife charged with practicing medicine without a license. Williams assisted a minister and his wife during the birth of their child at their home last June.
According to court documents, the baby became "physically distressed" and later died despite Williams' attempts to resuscitate and medically treat the child.

Williams led the rally after she pleaded not guilty in court Friday. "Licensure in Indiana is something we've been trying to get done since 1993."

Unlike certain religious groups which believe in home birth without medical treatment, Williams says she is nationally certified as a midwife and has helped with nearly 1,500 births in her 17-year career. "We interact and work with the medical community and we do very low risk home birth."

In the state of Indiana only registered nurses can be certified as midwives.
Many of Williams supporters, like Bonnie Sydow, consider it a matter of choice. "I think home birth is safe and legal and I want it to be an option that I can always have for childbirth. It's a legislative issue, not a criminal issue."

It's an issue that will come before lawmakers before Williams makes her way back to court. Williams and her supporters hope to get House Bill 1237 passed. The bill would establish a board that would develop review procedures; require the purchase of liability insurance and adopt rules limiting the scope of practice by midwives in home births.

Currently 30 states grant licenses to Certified Professional Midwives.
Williams trial is set for April.