Posted on 11/05/2003 6:02:32 PM PST by Recovering_Democrat
WASHINGTON -- President Bush signed into law the most far-reaching abortion restrictions in three decades Wednesday, an emotionally charged measure already challenged in three federal courts.
A federal judge in Nebraska called the law "highly suspect" and issued a temporary order blocking it from applying to four abortion-rights doctors who filed suit.
After years of frustration, legal setbacks and two presidential vetoes, hundreds of anti-abortion leaders rose in applause when Bush promised to vigorously defend the constitutionality of the law, known by its supporters as a "partial birth abortion" ban.
"For years a terrible form of violence has been directed against children who are inches from birth while the law looked the other way," Bush told religious leaders, members of Congress and other abortion foes at a signing ceremony at the Ronald Reagan Building. "Today at last the American people and our government have confronted the violence and come to the defense of the innocent child."
Abortion-rights groups said the law was overly broad, lacked any exemption for the health of a woman seeking an abortion and could outlaw several safe and common procedures. They also contended it was the first step in a larger campaign to ban all abortions for the first time since the Supreme Court's 1973 landmark decision legalizing the procedure.
"This bill marks a concerted effort to set back decades of progress in achieving reproductive freedom," said Gloria Feldt, president of the Planned Parenthood Federation of America, which filed suit against the measure in San Francisco.
The bill gave Bush a major victory to show religious conservatives on the eve of a re-election year. But it also revived debate on a polarizing issue that could undercut his hopes of winning support from swing voters.
The bill outlaws a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed, usually by having its skull punctured. Former President Clinton twice vetoed similar bills.
While anti-abortion forces cheered their victory, arguments against the law were raised in courtrooms in Lincoln, Neb.; San Francisco and New York.
In Lincoln, U.S. District Judge Richard Kopf issued a temporary restraining order, citing concerns that the law lacked any health exception. "It seems to me the law is highly suspect, if not a per se violation of the Constitution," Kopf said. He said his order would apply only to the four doctors who filed the lawsuit, but the ruling could extend beyond Nebraska because they are licensed in Alabama, Georgia, Iowa, New York, South Carolina and Virginia.
In Manhattan, U.S. District Judge Richard Casey appeared skeptical about arguments by Talcott Camp, a lawyer for the American Civil Liberties Union, which sought an order blocking enforcement. Casey did not issue an immediate order.
"Doesn't the court have to give some deference to the findings of Congress that are spelled out in this statute?" Casey asked, noting the findings resulted from eight years of hearings. "They say there is no threat."
About 30 states have enacted versions of partial birth abortion bans but in many cases they have been overturned in court. The most important ruling was in 2000 when the Supreme Court, on a 5-4 vote, said a Nebraska law was unconstitutional because it did not have an exception for the health of the mother and was too vague.
The signing ceremony included a patriotic background of American flags on the stage behind Bush. Several dozen abortion-rights protesters demonstrated outside.
"The best case against partial birth abortion is a simple description of what happens and to whom it happens," the president said. "It involves the partial delivery of a live boy or girl and a sudden, violent end of that life."
In a remark that brought loud applause, Bush said the right to life "cannot be granted or denied by government because it does not come from government. It comes from the creator of life."
There was sharp criticism from Democratic presidential candidates.
Sen. John Kerry of Massachusetts called the law "a step backwards for women." Former Vermont Gov. Howard Dean, a physician, said it would "chill the practice of medicine and endanger the health of countless women." Sen. Joe Lieberman of Connecticut called it a triumph for "the political agenda of right-wing Republicans." Retired Gen. Wesley Clark said it threatened a return "to the dark days before Roe v. Wade."
"Today we saw the real George Bush. If we could afford to, we would put that speech on television every day from now until the election," said Kate Michelman, president of NARAL Pro-Choice America. "Any shred of doubt that this is the most anti-choice president this country has ever had has been convincingly erased."
Bush said last week that Americans are not ready for a complete ban on abortion.
Sponsors of the new law say partial birth abortion is used roughly 2,200 times a year, principally during the 20th through 26th weeks of pregnancy.
Partial birth is not a medically accepted term, but as defined by the bill it is the delivery of a fetus "until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother, or, in the case of the breech presentation, any part of the fetal trunk past the navel is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus." (AP)
Funny, no mention from this reporter about the polls showing what Americans of all stripes think about this abortion procedure.
Strange how a procedure that is usually described as "extremely rare" by its supporters, suddenly now affects "countless women".
The pro-death crowd really needs to get its story straight.
What the heck is this?
Judicial tyranny. Wanna help fight it?
Ghouls who kill babies for profit.
No...the President signed a law restricting infanticide.
Thank you, sir. ~~~ And, may God bless you, President Bush.
A short list of Orwellian political terminology will do: "Chilling effect," a "chill wind," "rare procedure," "right-wing," "right-wing extremists," etc, etc.
I love it... I hope that we do!! Especially the part where he said that the right to life wasn't given by government, but the creator of life..... Gave me chills... This speech was very well articulated for a man that has been accused of being dimwitted and limited in thought and vocabulary.
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