Posted on 03/19/2019 12:41:27 PM PDT by SeekAndFind
In the latest abortion-related legal battle to hit the state, a federal judge has temporarily blocked Kentucky officials from implementing their newly-enacted law banning abortion once a fetal heartbeat can be detected.
Signed Friday by Republican Gov. Matt Bevin, the law requires abortionists to check for a fetal heartbeat before aborting. If a heartbeat is found, committing the abortion would be a Class D felony (punishable by up to five years in prison) except in cases of medical emergencies, which would also have to be documented.
The same day Bevin signed the law, Judge David J. Hale of the Western District of Kentucky issued an injunction against the law’s enforcement for at least fourteen days, the New York Times reports, pending a hearing on its constitutionality.
Hale was ruling on a suit brought by the left-wing American Civil Liberties Union (ACLU) against both the heartbeat law and legislation that passed the legislature Thursday to ban abortions specifically sought on the basis of a baby’s race, sex, or disability. Bevin has yet to sign the latter bill, and Hale did not rule on it.
ACLU Reproductive Freedom Project deputy director Brigitte Amiri called the injunction a “tremendous relief,” noting Saturday that EMW Women’s Surgical Center, the state’s only licensed abortion facility, “sees patients today, and before we got the ruling yesterday, they were in the process of canceling appointments.”
“This case or others like it from other states will result in major changes in abortions in the U.S. in the near future,” Bevin’s general counsel Steve Pitt responded. “The ACLU, Planned Parenthood and others favoring unlimited abortions know this and are in a panic.”
Bevin himself, who has pledged to defend pro-life laws with his own legal team because Democrat Attorney General Andy Beshear won’t, issued his own video response to the ACLU Friday evening:
"People that are supposedly defending the civic rights of people in this country nonetheless think it's appropriate that you can kill a child based on its race, or kill a child based on its gender,” he said. “The people of Kentucky again, fortunately, don't agree with that and, so this law was passed through the legislature. It has not actually become a law at this point, but that didn't stop the folks at the ACLU from filing a lawsuit against something that doesn't actually yet exist. Certainly it speaks volumes about their priorities and the way in which they frankly don't care whether they're following the law or not. They simply want to be able to push their ideology."
Bevin then gave the ACLU a “reminder” of “how the legislative process actually works” by playing Schoolhouse Rock’s classic “I’m Just a Bill” educational video on how legislation becomes law.
Heartbeat laws represent a rightward shift in state pro-life policy efforts, and would prevent far more abortions than more common ultrasound laws or bans on late-term and dismemberment abortion techniques. But because they also ban abortion far earlier than viability, some Republicans and even some pro-life organizations argue they only invite costly and futile lawsuits.
But their advocates contend such lawsuits are necessary to eventually overturn Roe v. Wade, which they see as more possible after President Donald Trump has appointed two justices to the federal bench. Republican state Rep. Robert Goforth, the law’s sponsor, has said that such a fight would be worthwhile for helping bring about the “day our laws and our court system give unborn children the legal right to life that they deserve so they can grow and live happy and productive lives.”
Not surprised. The law seemed to violate Roe v. Wade. You can make all sorts of laws expanding abortion, but none restricting it ‘cuz it’s a “sacred right”.
Stand up to hizzonor and tell him/her to get bent.
Sure, judge...because murder is glorious, right?
RE: The law seemed to violate Roe v. Wade.
Did Roe vs. Wade tell us at what point abortion can and cannot be performed?
Color me surprised the American Criminal Lunatic Union and Planned Infanticide oppose any law designed to save a babie’s life.
Don’t buy into this false premise.
exactly- the left are keen to tell us what exactly the 2’nd amendment meaNs (and their definition keeps changing), but by golly don’t dare define when abortions can and cant’ take place
Every state has its own little rules.
Obama judge.
He previously decided against Trump on allowing thugs to disturb his rallies. Another slimey law-making democrat judge.
Know the crap on the Bench:
“On June 19, 2014, President Obama nominated Hale to serve as a United States District Judge of the United States District Court for the Western District of Kentucky,”
I guess “shall not be infringed” applies literally to rights that do not actually exist, but does not apply at all to rights that do actually exist and contain that exact phrase within them.
They (and others) should make themselves a sanctuary state for the unborn.
Let the activist courts wrestle with that one, knowing that striking that one down also outlaws sanctuary cities/states for the illegals.
The wiki page says
While acknowledging that the right to abortion was not unlimited, Justice Blackmun, speaking for the Court, created a trimester framework to balance the fundamental right to abortion with the government's two legitimate interests: protecting the mother's health and protecting the "potentiality of human life." The trimester framework addressed when a woman's fundamental right to abortion would be absolute, and when the state's interests would become compelling. In the first trimester, when it was believed that the procedure was safer than childbirth, the Court left the decision to abort completely to the woman and her physician.[46] From approximately the end of the first trimester until fetal viability, the state's interest in protecting the health of the mother would become "compelling."[46] At that time, the state could regulate the abortion procedure if the regulation "reasonably relate[d] to the "preservation and protection of maternal health."[46] At the point of viability, which the Court believed to be in the third trimester, the state's interest in "potential life" would become compelling, and the state could regulate abortion to protect "potential life."[46] At that point, the state could even forbid abortion so long as it made an exception to preserve the life or health of the mother.[47]
Stand up to hizzonor and tell him/her to get bent.
—
... or arrest then for murder the moment someone kills an unborn baby with a heartbeat.
Just go beat the judge’s ass for a bit. Not saying kill ‘em, but make them think looooooooooooooooooong and hard going forward. Time has long since been due.
Patriots are reminded that, in stark contrast to the rights that the Founding States expressly protected in the Bill of Rights, and in other constitutionally enumerated rights since then amended to the Constitution by the states, the states have never amended the Constitution to expressly protect murdering unborn children as a right.
In other words, post-17th Amendment ratification career Democrats and RINOs are confirming pro-murder of unborn children activist judges and justices to the bench, these Constitution-ignoring, tyrant judges scandalously keeping alive the fictitious “right” to murder unborn children on a case-by-case basis.
Remember in November 2020!
MAGA!
B-B-But Trump puts children in CAGES but we want to kill babies!! This is the insanity of the left folks. They care about kids but they want the right to kill them. “I love you so much but I want to kill you as well!”
Yet you buy into the Q trash.
Curious.
As opposed to standing at your computer 24/7 monitoring posts so you can tell them to stop excepting their own articles. LOL
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