Ban on Partial Birth Abortion Overturned

Fox News Alert

[RWR8189]

Just permanently overturned by a federal court....

[dead]

Hamilton, Phyllis J.

Born 1952 in Jacksonville, IL

Federal Judicial Service:
U. S. District Court, Northern District of California
Nominated by William J. Clinton on February 9, 2000, to a new seat created by 104 Stat. 5089, 5105; Confirmed by the Senate on May 24, 2000, and received commission on May 25, 2000.

Education:
Stanford University, B.A., 1974

Santa Clara University School of Law, J.D., 1976

Professional Career:
Deputy public defender, Office of the Public Defender, CA, 1976-1980
Manager, EEO Programs, Farinon Electric Corporation, 1980
Administrative judge, U.S. Merit Systems Protection Board, San Francisco Regional Office, CA, 1980-1985
Court commissioner, Municipal Court, Oakland-Piedmont-Emeryville Judicial District, 1985-1991
U.S. Magistrate Judge, Northern District of California, 1991-2000

Race or Ethnicity: African American

Gender: Female

[Petronski]

"The act poses an undue burden on the blood profits earned from a woman's right to choose to kill her baby," Hamilton wrote.

There. Fixed it.

[RWR8189]

Judge Blocks Partial-Birth Abortion Ban

SAN FRANCISCO — A federal judge Tuesday permanently blocked the Bush administration from enforcing the Partial-Birth Abortion Ban Act (search) against Planned Parenthood Federation of America (search) clinics and their doctors, who perform roughly half the nation's abortions.


U.S. District Judge Phyllis Hamilton, ruling in one of three lawsuits challenging the Congressional legislation President Bush signed last year, said the first substantial legislation limiting a woman's right to choose was an unconstitutional infringement of three decades of Supreme Court precedent.

"The act poses an undue burden on a woman's right to choose an abortion," Hamilton wrote in her 120-page opinion.

Hamilton was the first of three federal judges presiding over lawsuits challenging the regulation to issue a decision. Bush signed the bill in November, saying "a terrible form of violence has been directed against children who are inches from birth while the law looked the other way."

In the banned procedure, which the government said was never medically necessary, a doctor partially removes a living fetus from the womb before puncturing or crushing its skull. Justice Department attorneys argued that dismembering the fetus in the woman's womb, and removing it in parts, was more humane than having a living fetus partially delivered before killing it.

"There is a substantial state interest in protecting potential life," Scott Simpson, the government's attorney who defended the act, argued before Hamilton last month.

He argued that the banned procedure "blurs the line of abortion and infanticide." Abortion proponents, however, argued that a woman's health during an abortion is more important than how the fetus is terminated, and that the banned method is often a safer solution.
http://www.foxnews.com/story/0,2933,121435,00.html

[GiveEmDubya]

And the tyranny of the leftist judiciary continues...

[Maigrey]

(censored!!!!)

Man, am I tired of judicial activists. They make me want to drink like a fish!

Well, we can hope in a lifetime or so when RvW is overturned. argh!!!!!

[Charles Martel]

Just permanently overturned by a federal court....

That's a district court interpretation, and I would expect no other from a California courtroom.

[Peach]

NO!!!!! This is horrible news. Simply disgustingly horrible.

[zarf]

Seem to be....I've been enjoying their stupidity for years.

[atomicpossum]

SAN FRANCISCO -- A federal judge Tuesday declared unconstitutional the Partial-Birth Abortion Ban Act, saying the measure infringes on a woman's right to choose.

NINTH CIRCUIT!!! Of course!

They're going to have a REAL tough time saying this a woman doing what she wants with her own body when THE BABY'S BODY HAS ALREADY BEEN BORN. Let them try to fight this one up the court system-- this could be the thing that sets the public actively against judicial legislation.

[alancarp]

Yeah, somebody has got to let me know how a single judge can overrule the 435 member United States House of Representatives, the 100 member U.S. Senate, and the President of the United States. I'm sorry, but the math doesn't work here.

[Maigrey]

No fn wonder! From the 9th district. Maybe someone higher up can bushslap some since into her.

[Centurion2000]

AN FRANCISCO -- A federal judge Tuesday declared unconstitutional the Partial-Birth Abortion Ban Act, saying the measure infringes on a woman's right to choose.

And where is that one spelled out in the Constitution ?

[dirtboy]

"The act poses an undue burden on a woman's right to choose an abortion," Hamilton wrote in her 120-page opinion.

Someone PLEASE show me where that right is codified on the federal level by the Constitution.

[Just another Joe]

She's a Klintoon nominee. In Kookiefornia no less. In San Francisco no less.
What can you expect

[Militiaman7]

Just permanently overturned by a federal court....

I'm no lawyer but this is impossible unless the Supreme Court has had its say in the matter. A lower court (probably the 9th Circuit out in LA LA Land) can't permanently do anything with the Supreme Courts say so one way or another.

[Petronski]

Oh, I wasn't busting on you. I was recalling a great thread that started with good intentions but quickly devolved into a farce. My apologies.

[American_Centurion]

This is great news!

It will certainly be upheld on appeal to the 9th Circus, then once and for all the USSC will have to review the actual merits of the Roe V Wade abomination.

Even if it only puts a little dink in the armor of the pro abort courts it's a start.

[VaBthang4]

Okay,
A. No federal court save the US Supreme Court can 'permanently' overturn anything unless the Supreme agrees or at least refuses to hear the case [basically the same thing].
B. This was some activist hack court in San Francisco, Mexistania.

Relax already...let it run it's course.

[mlbford2]

~~PBA?~~

Pro Bowler Association

[Clint Williams]

"SAN FRANCISCO — A federal judge Tuesday permanently blocked the Bush administration"

It ain't permanent until SCOTUS says it's permanent. Any maybe not even then. Sheesh, the press...