Judge overturns Virginia 'partial-birth' abortion law

cbsnewyork.com/ ^ | 02/02/04 | DAVID E. LEIVA

[KQQL]

RICHMOND, Va. (AP) A federal judge struck down Virginia's ban on a type of late-term abortion Monday, saying the law violated privacy rights and failed to make an exception for the health of the woman.

U.S. District Judge Richard L. Williams called the ban on what opponents call partial-birth abortion ``impermissibly void for vagueness.''

The judge blocked the law last July, the day it went into effect, calling it a ``no-brain case.'' He also has challenged the use of the term ``partial birth infanticide'' by the law's backers, saying it was an attempt to alarm the public.

Virginia's law outlawed a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed.

Lawyers for the Center for Reproductive Rights, who filed the suit, argued that the law was unconstitutional because it disregarded a four-year-old Supreme Court ruling allowing the procedure when the health of the mother is threatened.

The state law contained no such health exception.

The suit alleged that the ``vaguely defined'' ban could subject doctors to criminal prosecution even for safely performing a more common type of second-trimester abortion known as ``dilation and evacuation,'' as well as obstetrical procedures that help women suffering miscarriages.

The law's backers claimed it specifically targeted procedures that take place once the fetus has emerged from the birth canal.

About 30 states have enacted versions of partial birth abortion bans, but in many cases they have been overturned in court. The limited federal ban is being challenged in Nebraska, New York and California.

[Gopher Broke]

We need an easier way to IMPEACH judges who legislate from the bench...they have FAR TOO MUCH power......

[Mr. Silverback]

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

[jla]

fyi

[Flora McDonald]

It's enough to make you weep.

[jgrubbs]

I can't find him on the list:

http://www.allianceforjustice.org/judicial/judicial_selection_resources/selection_database/allJudgeByCircuit.asp?CircuitId=4

[gathersnomoss]

This is murder. How can he judge from this position? Liberals do not "feel your pain".

[gathersnomoss]

"It is should be noted that John F'ing Kerry is a strong supporter of partial birth abortion - yes another sick SOB."

If Kerry wins, Bush must drive this point home every chance he gets. Billboards, tv, radio, magazines, blimps, whatever it takes. Hell, I'll wear a sandwich board.

[Delphinium]

Even though this is the most important issue to me and I pay attention on a daily basis, I am still amazed at the lack of concience of so many Americans.

How else can one describe people like this judge, but to call them EVIL?

[Sloth]

Virginia's law outlawed a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed.

Whoa -- CBS used the word "killed"?

[GrandEagle]

``impermissibly void for vagueness.''
Translation:No way to continue this method of murder under this law.

[Delphinium]

Fundamentalist Christians who call talkshows and declare that they cannot vote for President Bush this time around

Fundamentalist Christians? What does that mean to you?

I listen to talk radio and fox news talks shows too, why did you single out Fundamentalist Christians only.

I think it is very important that we vote for Bush, but I also think it is important to express how we feel publicly, so that the men we elected hear where we stand on issues.

Christians, and Jews should have the same right to speak as any other in this free country. After all many of the men who fought and died to make it free were also Fundamentalist Christians.

George Bush is not our King. He was elected by free people, including Fundamentalist Christians.

Sorry, but your post was quite offensive to me.

[jgrubbs]

I just called the Alliance for Justice.

They said that he is not listed in their database because he is a "Senior Justice", which means he is retired, but still allowed to hear cases and draw a salary.

They told me he was appointed by Carter in 1979, and was listed as a "Senior Justice" in 1992.

[GrandEagle]

Virginia's law outlawed a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed.
OOPS! The truth?? I'll bet a proof reader lost their job over that slip!

[sultan88]

A lot of us worked hard behind the scenes to get this legistion enacted. It is an outrage that a leftist baby-killing judge can single-handedly overturn the will of the majority.

[maica]

I am very sorry that I offended you. I really do try in every post to not be personal. Would saying "single issue conservatives" have been more accurate and non-offensive? I was thinking about a caller to Michael Savage's show yesterday who identified herself as a Fundamentalist Christian who can no longer vote for President Bush because of his failure to put her issue at the top of his to do list. (My paraphrase, of course!) I was only using the term in the context of this caller. I have very strong feelings that the prayers of Christians all across our country are giving strength to our President daily. I am a Christian.

I fully agree that we should all discuss how we think and feel on issues, I am a regular talk show listener and periodic caller. So I took the opportunity of this thread to express my concern about any group of single-issue voters who threaten to stay home in the coming election.

[fatima]

Maeve,Thanks for the ping.

[ought-six]

The federal judiciary is getting out of control. I handle cases for a nationwide insurer, and I just had a federal judge bring an order of contempt against me because I did not pay the amount he wanted me to pay in settlement of a case, and this on a case of very questionable liability. Because I did not pay what he wanted, I am held in contempt of court. This is becoming more and more common. People need to be aware of what is happening in this country: We are falling under the domination of an unaccountable oligarchy of judicial activists. The Founders warned against this. We are now witnessing the Tyranny of the Robe. Sic semper tyrannis!

[ought-six]

"These people are worst than HITLER!"

Well, they are at least kindred spirits.

[ought-six]

"Partial birth abortion is done for one reason only. To kill the baby."

Yup.

[ought-six]

"They told me he was appointed by Carter in 1979, and was listed as a 'Senior Justice' in 1992."

Why am I not surprised he was appointed by a Democrat?