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Court: Texas Has the Right to De-Fund Planned Parenthood
Life News ^ | 10-26-2012 | Steven Ertelt

Posted on 10/27/2012 2:48:01 PM PDT by smoothsailing

October 26, 2012

Court: Texas Has the Right to De-Fund Planned Parenthood

Steven Ertelt

The Fifth Circuit Court of Appeals has refused to grant an additional hearing to Planned Parenthood regarding Texas’ legislation to end taxpayer funding of abortion companies, including Planned Parenthood.

The decision effectively ends the legal controversy surrounding the law and affirms Texas’ right to stop taxpayer dollars from flowing to abortion providers.

Texas Gov. Rick Perry applauded the decision, saying, “Today’s ruling affirms yet again that in Texas the Women’s Health Program has no obligation to fund Planned Parenthood and other organizations that perform or promote abortion. In Texas we choose life, and we will immediately begin defunding all abortion affiliates to honor and uphold that choice.”

This morning the Susan B. Anthony List praised the decision.

“States like Texas have the right to stop taxpayer funding of abortion providers. The Fifth Circuit court’s decision validates this and we applaud Texas for getting taxpayers out of the abortion business,” said SBA List President Marjorie Dannenfelser. “Abortion-centered organizations like Planned Parenthood neither need nor deserve taxpayer dollars.

Dannenfelser told LifeNews: “Governor Perry, the pro-life Texas state legislature, as well as our friends at Texas Right to Life deserve much praise. Even after the Obama Administration carried out its threat and cut funding for Texas’ Women’s Health Program because the state defunded abortion providers, Texas refused to yield. Governor Perry vowed to keep the Women’s Health Program, which serves vulnerable women, fully funded using state dollars. Texas has shown the rest of America what it means to be both pro-woman and pro-life.”

Last year the Texas state legislature defunded abortion providers including Planned Parenthood of state-controlled family planning funding. In December 2011, the U.S. Department of Health and Human Services (HHS) sent a letter to the Texas Health and Human Services Commission rejecting Texas’ law by turning down the state’s request to run their own family planning program. In March 2012, HHS officially stopped $30 million in federal funding for Texas’ Women’s Health Program because they excluded Planned Parenthood. Governor Perry pledged to fully fund the program using state dollars.

In August 2012, the Fifth Circuit court overturned the April 2012 ruling of a Texas judge who granted a preliminary injunction to Planned Parenthood affiliates while they sued the state of Texas over the law. Previously, Texas Governor Rick Perry pointed out that Planned Parenthood clinics represent less than two percent of the more than 2,500 enrolled providers.

Planned Parenthood filed a lawsuit against Texas contending that the new law prohibiting it from participating in the Women’s Health Program is unconstitutional discrimination. The lawsuit asked the court for an injunction to stop enforcement of the rules preventing Planned Parenthood from getting taxpayer funding via the program , saying the rules violate their rights by putting an “unconstitutional condition on their participation” in the Women’s Health Program.

However, state officials quickly appealed the ruling — with Attorney General Greg Abbott filing an emergency motion for stay in the 5th U.S. Circuit Court of Appeals. Judge Jerry E. Smith granted the stay “pending further order of this court” and requested a response from the abortion business by the close of business today.

In response, President Obama withdrew all federal support for the program, and Planned Parenthood sued the state of Texas. Judge Lee Yeakel blocked the law from going into effect, yet Yeakel’s ruling was appealed by Attorney General Greg Abbott, and the Fifth Circuit Court removed the block.

In addition to these approximately 4,000 agencies, Governor Perry’s office has identified another 2,500 eligible providers with 4,600 locations across the state. Planned Parenthood runs 69 facilities.

Before the lawsuit, the Obama Administration cut off the Women’s Health Care Program (WHP) for over 100,000 Texas women at over 2,400 providers for the sake of Planned Parenthood, which provides only limited health service at 44 facilities in Texas. In response, Governor Rick Perry and state lawmakers found their own funding for it.


TOPICS: Breaking News; Constitution/Conservatism; Extended News; News/Current Events; US: Texas
KEYWORDS: lawsuit; proaborts; prolife; ruling; statesrights; taxpayerfunding; texas
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1 posted on 10/27/2012 2:48:04 PM PDT by smoothsailing
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To: smoothsailing

Good, I was wrong about Perry. Keep up the good work Perry. Now they’ve defunded Planned Parenthood.


2 posted on 10/27/2012 2:51:28 PM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: JCBreckenridge

Texas is looking like a great place to live.. They also threatened to arrest U.N. ‘election monitors’ if they dare enter the State. Simply AWESOME.


3 posted on 10/27/2012 2:57:18 PM PDT by Obama_Is_Sabotaging_America
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To: Obama_Is_Sabotaging_America
Texas is looking like a great place to live.. They also threatened to arrest U.N. ‘election monitors’ if they dare enter the State. Simply AWESOME.

Indeed!

4 posted on 10/27/2012 3:04:52 PM PDT by Rummyfan (Iraq: it's not about Iraq anymore, it's about the USA!)
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To: Obama_Is_Sabotaging_America
They also threatened to arrest U.N. ‘election monitors’ if they dare enter the State.

In fairness, he told them they would have to abide by our election laws governing poll watchers, or he would arrest them.

As much as some of us might LIKE for him to have told the varmints 'keep OUT!'...he didn't :-)

5 posted on 10/27/2012 3:06:06 PM PDT by MamaTexan (I am a Person as Created by the Laws of Nature, not a person as created by the laws of Man)
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To: smoothsailing

Thank you SO much for this. I was well and truly needing some good news. Planned Parenthood is like a vampire with its dental daggars in your throat. Finally found a court (and a state) that would knock their teeth out.


6 posted on 10/27/2012 3:10:13 PM PDT by Mrs. Don-o (Our choice.)
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To: smoothsailing

Since PP funding is not written into the Constitution, only a law could have forced the government to pay them, so a law can be rescinded. What’s the problem with that? If the fed wants to fund PP, let them (until real Repubs take power and vote it out!). How does the law force states to fund them?


7 posted on 10/27/2012 3:16:14 PM PDT by jeffc (The U.S. media are our enemy)
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To: Obama_Is_Sabotaging_America

Someone has finally put a statewide stop to this horror. Congratulations Texas!

And follow up on keeping those UN nazis at bay.


8 posted on 10/27/2012 3:19:19 PM PDT by onedoug
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To: Mrs. Don-o

I was happy to read this too!

I don’t care what anyone says, I like Rick Perry. :)


9 posted on 10/27/2012 3:23:17 PM PDT by smoothsailing
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To: smoothsailing

This is the opposite result from the 7th Circuit Court of Appeals’ ruling striking down an identical law in Indiana. This matter is headed for the Supreme Court.


10 posted on 10/27/2012 3:27:07 PM PDT by circlecity
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To: circlecity

You beat me to it. Texas can defund PP, but Indiana can’t? I agree, headed to the SC. God help us there with people like the traitorous Judge Roberts on the court.


11 posted on 10/27/2012 3:32:06 PM PDT by ducttape45
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To: circlecity

The way I read it, Texas has won, there will be no appeal. What Indiana does is seperate.


12 posted on 10/27/2012 3:34:48 PM PDT by smoothsailing
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To: smoothsailing

Confusion here!

If the state cuts off state money to fund abortion clinics, how can the federal government insist that the state spend state money on an activity it doesn’t want to pay for?


13 posted on 10/27/2012 3:41:07 PM PDT by sergeantdave (The FBI has declared war on the Marine Corps)
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To: sergeantdave

planned abortionhood should receive absolutely no money from any state or federal agency, period.

they are placing millions of dollars of ads to fight Romney and Republicans in this election. they are totally partisan.

why any court should even have to “rule” on something so transparent is ridiculous.

The Constitution was written for the common people, not for “constitutional scholars” which of course barry obama is supposed to claim.

I really think that if a person takes an oath to the Constitution he/she should be accountable for it. Ignorance is no excuse.

politicians are supposed to take an oath also. that eliminates socialists, communists and fascists and islamist fundamentalists.

voting is a privilege and not a right. if you have no skin in the game, you have no right to vote. a Constitutional test would be appropriate.

You cannot take an oath to the Constitution if you have not read it and do not understand it.

I want more than just an ID card to prove that you have the privilege to vote. that’s the way the Founding Fathers set it up, and they fought for their freedom and they were statesman.

No one has a right to vote. It is a privilege that you pay for because you contribute.

blessings, bobo


14 posted on 10/27/2012 3:56:43 PM PDT by bobo1
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To: smoothsailing

Thank God for Governor Perry!

and thank God for the Justices that actually followed the Constitution!

I am moving to Texas.

Blessings, bobo


15 posted on 10/27/2012 3:59:07 PM PDT by bobo1
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To: sergeantdave

It can insist all it wants, and the Fifth Circuit can tell Obama to stuff it! LOL!


16 posted on 10/27/2012 4:11:48 PM PDT by smoothsailing
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To: smoothsailing

Certainly PP can petition the USSC for cert on the Texas case on the basis of a conflict between the circuits on this issue. Ultimately the supremes will have to decide the issue.


17 posted on 10/27/2012 4:23:55 PM PDT by circlecity
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To: smoothsailing

Not the right, no, but the prerogative. Governments do not have rights.

That being said, duh!


18 posted on 10/27/2012 4:26:49 PM PDT by Tublecane
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To: circlecity

You could be right, I’m no expert on these matters.


19 posted on 10/27/2012 4:29:42 PM PDT by smoothsailing
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To: jeffc

“How does the law force states to fund them”

It doesn’t. People make and courts accept false arguments all the time.


20 posted on 10/27/2012 4:30:03 PM PDT by Tublecane
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To: bobo1

“if a person takes an oath to the Constitution he/she should be accountable”

There’s an old book called “Lone Star Planet” about a Texas-like society where citizens are legally allowed to assassinate government officials who violate their rights. They must simply show cause in court afterwards. I think it played off a suggestion by H.L. Mencken.


21 posted on 10/27/2012 4:35:22 PM PDT by Tublecane
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To: Tublecane

thanks, i will look that up!

Blessings, bobo


22 posted on 10/27/2012 4:37:54 PM PDT by bobo1
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To: Obama_Is_Sabotaging_America

They can enter the state, they just cannot get within 100 feet of a polling place.


23 posted on 10/27/2012 4:44:25 PM PDT by mazda77
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To: smoothsailing

Good to see that some judges remember that laws are made by the legislature. By what penubra did the other courts stop the defunding of Sanger’s Eugenics Centers?


24 posted on 10/27/2012 4:50:43 PM PDT by 1010RD (First, Do No Harm)
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To: smoothsailing

Premeditated Butcherhood will surely appeal. What do ye five Catholics on the SCOTUS rule? Or will the statists place state above Church again?


25 posted on 10/27/2012 4:59:23 PM PDT by OrangeHoof (Our economy won't heal until one particular black man is unemployed.)
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To: smoothsailing
G-d Bless Texas!!

If I didn't live in Utah, I'd most definitely live in Texas!

26 posted on 10/27/2012 6:15:03 PM PDT by Artcore
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To: Obama_Is_Sabotaging_America

“Texas is looking like a great place to live.. They also threatened to arrest U.N. ‘election monitors’ if they dare enter the State. Simply AWESOME.”

Good people are welcome anytime. If you are an Austin-thinking person, no. Too many ex CA freaks pollute our state capital.

Was gone for 24 years and couldnt wait to get back, and will never leave now.


27 posted on 10/27/2012 6:26:14 PM PDT by bestintxas (Anyone who votes for Obama after these 4 miserable years needs to take a mandatory citizenship test.)
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To: Obama_Is_Sabotaging_America
The Republic of Texas. Don't mess with Texas. I don't know. We're planning to move back to California where I've lived all my life, but as beautiful as California is (other than their politics), there's a lot I love about Texas.

Texas also comes across to me as another southern-state-type culture that I love, where boys are raised to be gentlemen and girls are raised to be ladies.

28 posted on 10/27/2012 6:59:12 PM PDT by PapaNew
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To: bestintxas

What part of Texas has the best, no-windy weather?


29 posted on 10/27/2012 7:01:10 PM PDT by PapaNew
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To: JCBreckenridge
Gov. Perry is strange patch-work of assorted aspirations and accomplishments. Fortunately, some of them are among the most conservative.

When we were trying to pass our own constitution amendment defining marriage, Governor Perry told a sneering homosexual contingent something like,"if you don't like the marriage laws of this state, move somewhere else." He shot up a few notches in my book with that statement.

30 posted on 10/27/2012 7:01:10 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: circlecity

I think that was a 2-1 and may be heard en banc. If so, especially given the 5th circuit ruling, it may be reversed.


31 posted on 10/27/2012 7:03:40 PM PDT by 1L
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To: smoothsailing

Isn’t it common sense that the legislature which writes the budget can just not spend money on something if they so decide?


32 posted on 10/27/2012 7:06:30 PM PDT by GeronL (http://asspos.blogspot.com)
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To: smoothsailing

I wasn’t born in Texas but I got there as fast as I could.


33 posted on 10/27/2012 7:08:40 PM PDT by Gamecock
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To: PapaNew
What part of Texas has the best, no-windy weather?

Try East. Much more forested; the pines and rolling country help keep down the wind. And not so dry and hot, either.

34 posted on 10/27/2012 7:10:36 PM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: GeronL

I would think they could get specific right down to the penny and what is funded and what isn’t.


35 posted on 10/27/2012 7:11:53 PM PDT by smoothsailing
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To: PapaNew

Surely you jest? Best weather in Texas? If we had weather like California, this state would look like India. Or maybe even SoCal. West - hot, dry, and windy. South - hot, humid, and windy. North - hot and windy. East - hot and humid, although today was splendid. Low of 35 and high of 57. June, July, and August is what keeps Texas from looking like Pahkistan.


36 posted on 10/27/2012 7:38:15 PM PDT by crusty old prospector
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To: crusty old prospector

There’s gotta be a place in Texas where it’s not humid or windy.


37 posted on 10/27/2012 7:53:30 PM PDT by PapaNew
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To: fwdude

So long as he keeps gay marriage out, obamacare out and works towards the elimination of abortion in Texas, and keeps Planned Parenthood out he’ll have my support. We don’t want that crap here in Texas. Let the other 49 have theirs. Leave us out.


38 posted on 10/27/2012 7:59:58 PM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: JCBreckenridge

Agreed and AMEN


39 posted on 10/27/2012 8:13:09 PM PDT by Friendofgeorge (SARAH PALIN 2012 OR BUST)
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To: 1010RD

Good to see that some judges remember that laws are made by the legislature. By what penubra did the other courts stop the defunding of Sanger’s Eugenics Centers?

___________________________________

I know what you mean and I agree 97.4%. Except that real rights like life and liberty are not given to free people by an elected fellow citizen and lawmakers can’t take them away. They were given by a higher power then SCOTUS or any other court.


40 posted on 10/27/2012 8:13:17 PM PDT by Eric Blair 2084 (I don't always drink beer, but when I do, I prefer to drink a bunch of them. Stay thirsty my FRiends)
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To: smoothsailing

Unbelievable! First the UN and now PP.

Time to start thinking about a move to TX - I hear Corpus Christi is excellent.

Cowboys or Texans fan...that is the question.

Thank you Texas for showing us the way.


41 posted on 10/27/2012 8:39:37 PM PDT by MichaelCorleone ('We the People' can and will take this country back...starting today.)
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To: smoothsailing
Defund Planned Parent hood, no more money to UN, any islumioc bastions of hell get evicted, kick out the EPA and re build COAL plants, defund or stop corporate taxes and give then a decade holiday at maybe one percent and bring BACK corporations that had to leave America.

Make illegals work and if they want to live here they work in fields for three years for free ( room and board) they get a shovel and a spade; it's more than their countries would give us were we illegals. And then they get in line with those that are doing it right.

Get rid of la Raza, get rid of Obama and the czars, get rid of anything Code Pink, or Soros, get rid of all those textbooks ...*whew" I'm pooped but there's a LOT more

Get rid of the illegal health care plan, Holder, Sotomayer, Kagan and everything Obama has done make it illegal so we can reverse ALL OF HIS thuggish sodomizing ways. Get rid of all of it. Make America America again. all of it.

My name is Karliner, and I approve this message.

42 posted on 10/27/2012 8:56:13 PM PDT by Karliner ( Jeremiah 29:11, Romans 8:28, Romans 8:38"...this is the end of the beginning."WC)
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To: smoothsailing
Good news! I'm proud of Gov. Perry and the Texas legislature for standing up to Emperor Obama and his goon squad. Sounds like a precedent has been set for the other states to follow to gain back the rights the Constitution grants them. Let's roll!
43 posted on 10/27/2012 9:55:03 PM PDT by boatbums (God is ready to assume full responsibility for the life wholly yielded to Him.)
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To: bobo1
I really think that if a person takes an oath to the Constitution he/she should be accountable for it.

As far as elected officials, absolutely! Yet Obama can direct his Justice Department to "selectively" enforce laws already on the books and refuse to defend laws passed by a duly elected Congress? By telling ICE to stand down in prosecuting certain people here illegally and refusing to defend in court the Defense of Marriage Act (DOMA), he has shirked his sworn duty to the Constitution. These actions alone should be grounds for impeachment and even more certainly to deny him reelection. Wake up America!!!

44 posted on 10/27/2012 10:04:26 PM PDT by boatbums (God is ready to assume full responsibility for the life wholly yielded to Him.)
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To: smoothsailing

45 posted on 10/27/2012 10:18:19 PM PDT by Tamzee (The U.S. re-electing Obama would be like the Titanic backing up and ramming the iceberg again.)
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To: smoothsailing

Amen! Praise God! And they NEVER tell these girls that 10, 20, 30 years later they will become very depressed because they killed their unborn baby. It is tragic. I have met women who had abortions when they were young and dumb, and now they are SO depressed. it is just so tragic.


46 posted on 10/27/2012 10:26:58 PM PDT by buffyt (Abortion is murder. It is not a Choice - It is a Child.)
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To: Obama_Is_Sabotaging_America
Simply AWESOME.

No, we're just a-holes that think fast and talk slow.

The monitors can enter the state. They can't break the law of the land about 100 ft within the boundry of the polling place. They might not get arrested. They might get detained.

We ain't heroic. We're jerks. Just like jerks in NY or NJ or anywhere on the east or left coast. Except we're mostly conservative, and don't get in your face until it's way, way, way too late.

I have rope. And tall trees.

/johnny

47 posted on 10/27/2012 11:11:15 PM PDT by JRandomFreeper (Gone Galt)
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To: PapaNew
What part of Texas has the best, no-windy weather?

Up near Newfoundland. That's far north Texas.

Down here in the Heart of Texas, if it don't have a stinger in it's mouth, it's got one in its tail. The grassburrs bite the ankles. We have fleas the size of housecats and ticks that just suck a dog dry to the bone.

Summer heat looks like a nuke just hit, and winter winds don't have the promise of snow to moderate the temps, and hold in a little heat.

The girls are gap-toothed and ugly, the men are slow speaking and quick to anger.

Honestly? Call the State Department and ask what shots you need before you venture into the Heart of Texas.

It's an ugly place.

If I owned hell and Texas, I'd rent Texas and live in hell. ;)

Only bright spot is that Texans never exagerate.

/johnny

48 posted on 10/27/2012 11:22:13 PM PDT by JRandomFreeper (Gone Galt)
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To: PapaNew
There’s gotta be a place in Texas where it’s not humid or windy.

No, but thanks for playing.

And you forgot to mention dangerous.

/johnny

49 posted on 10/27/2012 11:24:33 PM PDT by JRandomFreeper (Gone Galt)
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To: Eric Blair 2084

No, we agree 100%. God didn’t grant these funds, men did. It is up to men to take them back. That right resides either in the ballot box or the legislature. I don’t know the Texas Constitution, but the American Constitution doesn’t even allow this garbage, yet here we are.


50 posted on 10/28/2012 6:13:55 AM PDT by 1010RD (First, Do No Harm)
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