Recently, Jessica Burgess was charged with performing or attempting an abortion at or beyond 20 weeks of pregnancy. Celeste Burgess was accused of removing/concealing/abandoning a dead human body. In light of these charges, we are considering the legality of self-managed abortion in Nebraska. This article explains the law surrounding self-managed abortions in Nebraska. This article also addresses several myths surrounding abortion procedures.
Jessica Burgess charged with performing or attempting an abortion greater than 20 weeks
Last week, a woman named Jessica Burgess was arrested and charged with two felonies – performing or attempting to perform an abortion at a time when she was not a licensed doctor. She is also accused of concealing the death of another person and false reporting. A detective executed a search warrant on her Facebook chat history and found messages that indicated that Burgess had procured abortion pills and instructed her daughter, Celeste, on how to take them. The couple had also discussed burning the evidence after the abortion was complete, which is not a good idea in any way.
During a Facebook search warrant, investigators obtained messages between the woman and daughter. The messages showed that Jessica Burgess sourced the pills to administer to Celeste and that she instructed Celeste to bury the baby afterward. The woman’s mother and another man, who has pleaded not guilty to the charges, allegedly provided fetus-related pills to Celeste.
Police in Norfolk, Virginia, started an investigation after receiving a tip that Celeste Burgess had miscarried. The girl’s medical records showed that she was nearly six months pregnant at the time of the alleged incident, and her mother had helped her bury the fetus. The couple was arrested on April 25, and the investigation is ongoing. Both men will face court on June 30.
While Celeste Burgess was only 17 when she had the abortion, her mother was 21. In April, police uncovered that Jessica Burgess, a 41-year-old woman, had also assisted Celeste Burgess. Celeste Burgess is now being tried as an adult. She pleaded not guilty to the charges and will be back in court on September 2 and August 29.
In March, the teen was 23 weeks pregnant. She was expected to give birth in July, and Burgess’s daughter, a 17-year-old girl, contacted her about the abortion. The teen’s mother told her daughter that she had a pregnancy pill and a “safe” way to end the pregnancy. The baby’s mother subsequently asked her mother to help bury the remains. However, Nebraska doesn’t have a complete ban on abortion.
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Celeste Burgess charged with removing/concealing/abandoning a dead human body
In April, Norfolk police began investigating the case of Celeste Burgess, who was 17 years old and had a miscarriage. According to police, Celeste miscarried and then abandoned the dead fetus without reporting it to the hospital. According to the couple’s medical records, Celeste was more than 23 weeks pregnant when the alleged incident occurred. They said that she had miscarried while in the shower and had given birth to a stillborn child in a box.
The Norfolk Police Investigations Unit obtained Facebook evidence from a friend of Celeste’s who allegedly saw her take her first pill in April. Nebraska law prohibits abortions after 20 weeks of fertilization, which means Celeste was 23 weeks pregnant at the time of the alleged abortion. The Norfolk Police Investigations Unit also obtained messages between the mother and her daughter, which discuss burning evidence.
According to court documents, Jessica Burgess pleaded no contest to one felony charge of concealing the death of another person. She also faces two misdemeanors related to false reporting of death. A police investigation revealed that the teenager and her mother had buried the baby’s body three times. After the third time, they attempted to burn the body.
In addition to pleading no contest to the charges, the prosecutor also requested a search warrant for Facebook messages between the two. The court documents also revealed the woman and Burgess discussed burying the stillborn baby in secret. The two had also discussed burning the fetus after the abortion. The two women were later arrested on suspicion of concealing the death of another person and false reporting.
In April, the police obtained messages on Facebook pertaining to the abortion. The two women had discussed burning the fetus after the pregnancy ended, and then decided to do it in the town park outside. The two women were then arrested, and both are now facing five criminal charges. Both women are now being tried as adults in the case.
Unconstitutional abortion procedure in Nebraska
An unconstitutional abortion procedure in Nebraska is a political minefield. While Roe v. Wade protects the right to abortion, states may regulate the procedure up to fetal viability, which is around the twenty-fourth week of pregnancy. The Supreme Court has affirmed this right to freedom of choice in abortion, but the legislation in Nebraska is an attempt to limit this freedom. The Nebraska legislature has been nonpartisan, with a Republican majority, but there is no supermajority. While Democrats appear to have enough votes to block the bill, one or two defections could make the difference. Meanwhile, Nebraska’s Republican governor has made clear he opposes the bill, as does the majority of state legislators.
Despite the Supreme Court ruling, abortion restrictions have been on the books in Nebraska for years. The state legislature is made up of mostly Republicans, which often pass laws restricting the practice. In 2016, a Republican governor signed a bill outlawing abortion in all but two states. While it’s not constitutional yet, it is important to note that the Republican governor and the state legislature are working together to limit access to abortion.
While the Republican Party of Massachusetts is promoting the state’s anti-abortion laws, the current Democratic administration has taken steps to rescind those restrictions. Meanwhile, the state legislature is working to pass a bill adding abortion rights to the state constitution. Whether or not this law passes is yet to be seen, but it is a step in the right direction. If it passes, the Republican Party of Texas is likely to make the state constitutional in 2024.
The Supreme Court’s decision in the case of the D&X abortion method is controversial, and Judge Straub wrote a dissenting opinion, indicating that he would have upheld the Federal Abortion Ban. The Eighth Circuit, meanwhile, affirmed the lower court’s decision and decided that the Federal Abortion Ban was unconstitutional. It was also surprising to learn that only two of the three judges ruled the Federal Abortion Ban unconstitutional.
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Legality of self-managed abortions in Nebraska
In addition to making it illegal for a woman to perform an abortion herself, three other states have also passed laws that make this procedure illegal. In addition, overzealous police have subtly used criminal laws to prosecute self-managed abortions. In fact, in a study, 43% of cases were considered murder charges, with such cases being more likely to involve a person of color. Clearly, stigma has permeated self-managed abortion investigations.
After the murder of Dr. George R. Tiller in Wichita, Kan., a colleague, Dr. LeRoy H. Carhart, said he would perform late-term abortions in Bellevue, Neb., and Nebraska lawmakers were outraged by the idea of becoming the late-term abortion capital of the Midwest. As a result, the state’s unicameral legislature passed the measure 44 to 5.
But there’s still some uncertainty surrounding Nebraska’s abortion laws. The Supreme Court’s decision last year meant that states would be able to decide on whether or not to ban abortions in certain circumstances. Despite the Supreme Court’s decision, abortion is still legal in Nebraska. The governor has indicated that he will call a special session this summer, but it’s unclear whether that will have any impact on abortion laws in Nebraska.
In addition to the restrictions placed on abortion clinics, the Guttmacher Institute, a nonprofit group that studies issues related to reproductive rights, has reported 24 cases of prosecutions involving self-managed abortions in the state since 2000. While self-managed abortions in Nebraska are not illegal, they are still not covered by state laws. As a result, the Guttmacher Institute recommends that states allow women to use the procedure without fear of repercussions.
Although the state constitution does not explicitly prohibit abortion, it does protect the right to perform the procedure. In some cases, the state will fund the procedure if the woman’s health is in danger, or if she’s rape or incest. However, 20-week abortions can only be performed under specific circumstances. The state’s constitution requires that women who undergo abortions underwent public funding. The state may also require private health insurance companies to cover the procedure.
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