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Ban on Partial Birth Abortion Overturned
Fox News Alert

Posted on 06/01/2004 10:34:28 AM PDT by RWR8189

click here to read article


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To: dead
Nominated by William J. Clinton

Stands to reason. If ever any sitting President had good and sufficient reason to want to keep abortion on the same legal and moral plane as, say, teenage ear piercing...

41 posted on 06/01/2004 10:43:45 AM PDT by KentTrappedInLiberalSeattle (I feel more and more like a revolted Charlton Heston, witnessing ape society for the very first time)
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To: Militiaman7

with = without


42 posted on 06/01/2004 10:43:51 AM PDT by Militiaman7 (Fear not tomorrow, God is already there.)
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To: alancarp

Congress needs to pass a law that allows the Senate and House thru a 2/3 majority overturn Federal court rulings. If the the courts want to legislate then let Congress have the power to judicate. RESTORE THE BALANCE.


43 posted on 06/01/2004 10:44:34 AM PDT by Fee (Amatuers always tell you what they want, but it is the professionals who figure out the logistics)
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To: Petronski

Eeek. Sorry. I freely admit I have a problem with acronyms. And the short term memory of a gnat lately. Not a good combination.


44 posted on 06/01/2004 10:44:41 AM PDT by mewzilla
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To: dead

Must not have done very well on her LSAT. She went to a top undergrad school and a third tier toilet of a law school.


45 posted on 06/01/2004 10:45:11 AM PDT by Max Combined
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To: Militiaman7

"I'm no lawyer but this is impossible unless the Supreme Court has had its say in the matter. "

Apparently, the judge granted a permanent injunction, rather than a temporary one. Of course, this will go to the SCOTUS, but I wouldn't bet on a reversal.

There are a couple of issues here that the SCOTUS has considered in the past in regard to abortion law. Fourth and Fifth amendment issues are the primary ones, and their rulings have been pretty consistent.

Of course, they could simply refuse to hear the case, leaving the permanent injunction against enforcement of the PBA law in place. That's the most likely result.

Still, if judges in other federal courts rule differently than this one, it will have to go to the SCOTUS, but don't hold your breath.


46 posted on 06/01/2004 10:45:11 AM PDT by MineralMan (godless atheist)
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To: alancarp
I love how the article and her own rationale states that goes against three decades of judicial tradition and in the same breath says its unconstitutional. Hypocrite.

Where in the US Constitution says it's legally acceptable to murder your preborn child? (crickets chirping)

It's not in the constitution!

47 posted on 06/01/2004 10:45:38 AM PDT by Maigrey (bagel-snarfin' neocon supportin' pseudojournalist and d*** proud of it!)
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To: RWR8189
"The act poses an undue burden on a woman's right to choose an abortion," Hamilton wrote.

What's hilarious is that according to pro-choice people, partial-birth abortion (oh sorry "a certain late-term procedure") simultaneously doesn't exist - a phony category made up by pro-life activists - and yet is somehow essential to a "woman's right to choose".

A woman's right to choose a procedure which doesn't exist?

48 posted on 06/01/2004 10:45:39 AM PDT by Dr. Frank fan
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To: Militiaman7

A permanent injunction is only permanent until a higher court reverses it. Her ruling only has meaning within her district, although other districts can use it as precedent.


50 posted on 06/01/2004 10:46:38 AM PDT by Regulator
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To: RWR8189

The ball continues to drop on America. It shouldn't be much longer now and it'll all be gone. Then again it might be a heck of a lot easier just to rid ourselves of some Judges/attorneys.


51 posted on 06/01/2004 10:46:42 AM PDT by JamesA ( The more you try to change my convictions the more resolved I am to keep them.)
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To: Fee

"Congress needs to pass a law that allows the Senate and House thru a 2/3 majority overturn Federal court rulings. If the the courts want to legislate then let Congress have the power to judicate. RESTORE THE BALANCE."

Congress cannot pass such a law and have it take any effect. A Constitutional Amendment would be required. That ain't gonna happen.


52 posted on 06/01/2004 10:47:03 AM PDT by MineralMan (godless atheist)
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To: cpforlife.org

Gee, it might have been nice to have a warning on that or something.


53 posted on 06/01/2004 10:48:07 AM PDT by atomicpossum (I give up! Entropy, you win!)
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To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...

PBA Ban Overturned - PING


Let me know if you want on or off my Pro-Life Ping List.


54 posted on 06/01/2004 10:48:30 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: RWR8189

Ninth Circus Courts. Worry not it will soon be overturned.


55 posted on 06/01/2004 10:49:31 AM PDT by CzarNicky (The problem with bad ideas is that they seemed like good ideas at the time.)
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To: alancarp

The legislature can override the judiciary any time they get the giulianis. (new term I just learned today)


56 posted on 06/01/2004 10:49:44 AM PDT by johnb838 (When I hear "Allahu Akhbar" it means somebody is about to die.)
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To: RWR8189

Figures. What liberal judge did this?


57 posted on 06/01/2004 10:49:50 AM PDT by b4its2late (Algore probably invented the tagline.....)
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To: GiveEmDubya; All

And the tyranny of the leftist judiciary continues...

THIS is why the Second Amendment to the Constitution was written people....

Not to hunt rabbits or squirrels, but to safeguard the country and freedom from the tyranny of the government.

----

One man says to a second man: "Do you believe in the First Amendment freedom of speech?"
The second man says: "Of course I do."
The first man then asks: "Do you believe in the Second Amendment freedom to bear arms?"
The second man replies: "No, I don't."
The first man insists: "Then shut up!"

The moral of the story is: you can have your rights, but you have to protect and defend them, too

=====

"If you love wealth better than liberty, the tranquillity of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen."
-- Sammuel Adams

=====

Most importantly.....

"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free."
Ronald Reagan


58 posted on 06/01/2004 10:49:56 AM PDT by steplock (http://www.gohotsprings.com)
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To: RWR8189

We will continue down hill as long as the courts are allowed to make the laws.


59 posted on 06/01/2004 10:50:58 AM PDT by teletech (Friends don't let friends vote DemocRAT!)
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To: RWR8189

Sorry. I should put judge in quotes......


60 posted on 06/01/2004 10:51:12 AM PDT by b4its2late (Algore probably invented the tagline.....)
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