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JUDGE FINDS PARTIAL-BIRTH ABORTION ACT UNCONSTITUTIONAL
Fox / AP ^ | 8/26/04

Posted on 08/26/2004 9:46:04 AM PDT by Spackidagoosh

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To: Spackidagoosh
Judge Richard Casey sits for a portrait with his dog, Barney, in this April 8, 2004 file photo, in New York. In a highly anticipated ruling, Judge Casey found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception. (AP Photo/Mary Altaffer, File)

Judge Richard Casey sits for a portrait with his dog, Barney, in this April 8, 2004 file photo, in New York. In a highly anticipated ruling, Judge Casey found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception. (AP Photo/Mary Altaffer, File)


101 posted on 08/26/2004 10:43:04 AM PDT by NormsRevenge (Semper Fi ............... http://www.freekerrybook.com/ 'The New Soldier' in pdf format FRee!!!)
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To: Protagoras
Murder is not a federal matter.

You raise a good point. The Feds can't prosecute a run-of-the-mill murder unless there is some sort of "plus" to the murder, such as the murder occurring on Federal land or the victim is a Federal agent.

102 posted on 08/26/2004 10:45:45 AM PDT by Modernman (Hippies.They're everywhere. They wanna save the earth, but all they do is smoke pot and smell bad.)
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To: NormsRevenge
We know in the end we'll win because the pro-aborts are killing off their own offspring and forcing their own extinction.
What I'm concerned about is the slaughter of the innocent victims until then.
103 posted on 08/26/2004 10:46:33 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: Modernman
You raise a good point.

Thank you.

104 posted on 08/26/2004 10:47:31 AM PDT by Protagoras (" I believe that's the role of the federal government, to help people"...GWB, 7-23-04)
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To: NormsRevenge
Judge Richard Casey sits for a portrait with his dog

Imagine the blood stains that judge has on his damned soul.

105 posted on 08/26/2004 10:47:55 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: cpforlife.org
Partial-Birth Abortion

Illustration of partial-birth abortion performed
at 24 weeks gestational age.

Letter from Anthony P. Levatino, M.D., J.D., former abortionist, explaining that the images shown above "accurately depict" the partial-birth abortion method, and that "the images are size-appropriate to a fetus of approximately 24 weeks gestation." -- March 4, 2003


America! You are literally butchering your children and your future!

"We, the people, are the rightful masters of both Congress and the courts; not to overthrow the Constitution, but to overthrow men who pervert the Constitution." --Abraham Lincoln


106 posted on 08/26/2004 10:48:54 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: Spackidagoosh

What a terrible war these babies are fighting. God Rest their souls.


107 posted on 08/26/2004 10:48:54 AM PDT by sweetiepiezer (We have to stop Kerry for our grandkids sake!!!!!!!! GO W)
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To: johniegrad

In my understanding, a doctor would ONLY okay this procedure if the mother's life or health was at risk. Other examples: The child is already dead or has some deformity or abnormality.


108 posted on 08/26/2004 10:49:46 AM PDT by conserv13
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To: concerned about politics
We know in the end we'll win because the pro-aborts are killing off their own offspring and forcing their own extinction.

You think support for abortion is genetic? Don't be naive. Even if an abortion supporter aborts all of their children, they can still spread their ideology through schools, universities, the media etc.

Let's say you're pro-life and have 10 kids, all of whom are also pro-life. Now let's say your're an abotion supporter, have no kids and you teach a college class consisting of 100 students a semester, 10 of whom you convert to your views every semester.

Who wins in the long run?

109 posted on 08/26/2004 10:49:51 AM PDT by Modernman (Hippies.They're everywhere. They wanna save the earth, but all they do is smoke pot and smell bad.)
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To: concerned about politics

Absolutely. Impeach the bastards. Leftist activist judges have gone mad and need to be kicked out of their chambers and their robes stripped off. I am sick to death of demoniac freaks perverting (dare I say "sodomizing"?) the Constitution, finding "rights" to every vice under the sun, and disallowing the basic freedoms of expression that are the very foundation of our country.


110 posted on 08/26/2004 10:52:44 AM PDT by little jeremiah (Islamo-Jihadis and Homosexual-Jihadis both want to destroy civilization.)
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To: Javelina

The problem with the health exception is that it would cover mental health as well, so basically if a woman felt bad about having a baby, a doctor could grant her a "health exception" for mental health reasons. This would render the whole Partial Birth Abortion ban useless.


111 posted on 08/26/2004 10:53:32 AM PDT by Husker24
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Comment #112 Removed by Moderator

To: concerned about politics

LOL

I know, pathetic...

Absolutely intellectually dishonest...


113 posted on 08/26/2004 10:54:52 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: All

Abortion docs reveal partial-birth procedure
Court hears "gruesome' testimony in challenge to federal ban

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=37872

Posted: April 3, 2004
1:00 a.m. Eastern



© 2004 WorldNetDaily.com

Graphic testimony in legal challenges to the recently passed federal ban on partial-abortion is revealing the truth about a barbaric practice, asserts a public-interest law firm involved in the cases.

The testimony at three trials – in California, Nebraska and New York – includes descriptions of the dismemberment and decapitation of unborn children moments before live birth, says the Washington, D.C.-based American Center for Law and Justice.

"The testimony of these abortion providers unlocks the door to a secret world of torturous death that includes dismemberment and decapitation of unborn children whose lives are taken by partial-birth abortion," said Jay Sekulow, chief counsel of the ACLJ.

Abortion-rights activists argue the law, signed in November by President Bush, is so broad it infringes on women's "right to choose." The Bush administration argues unborn children feel pain during the "inhumane and gruesome procedure."

The ACLJ is supporting the Department of Justice in its defense of the ban and attending the trial in New York City.

"The truth about this barbaric procedure is finally coming to light – a horrific and repulsive procedure that clearly underscores the need for this ban on partial-birth abortion," Sekulow said. "The testimony of the abortion providers is not only revealing gruesome details about a procedure that amounts to infanticide, but is setting the stage for the Department of Justice to prove that this procedure is never medically necessary."

A physician testified in the San Francisco trial – where Planned Parenthood is challenging the ban – he often must separate the skull of the unborn child from its body during the abortion in order to remove the child from the woman's body.

The child's head is the most difficult part of the body to remove, said the doctor, who requested his identity not be revealed.

"Dr. Doe" told U.S. District Court Judge Phyllis J. Hamilton he often delivers all of the child’s body with the exception of the head, which remains inside the woman, and then uses scissors to cut the neck and separate the child’s head from the body.

He testified he would then use forceps to crush the head before removing it from the woman's body.

An abortion provider in the New York City trial testified an unborn child often is dismembered during the procedure and does not immediately die after limbs are pulled off.

The baby remains alive until the head is crushed, he testified in a case in which the American Civil Liberties Union and the National Abortion Federation are challenging the ban.

The ACLJ says it will file friend-of-the court briefs representing members of Congress who sponsored the partial-birth abortion ban legislation approved by with wide bi-partisan support.

In San Francisco, a chief medical officer for Planned Parenthood testified she chooses methods that violate the new law because they are among the safest options.

The Associated Press reported Maureen Paul was asked by a government lawyer whether the fetus exhibits pain during the procedures

"I have no idea what you mean," she replied.

The Partial-Birth Abortion Act is the first substantial limitation on abortion since the Supreme Court's landmark Roe vs. Wade decision in 1973.

The three cases are expected to reach the high court.


114 posted on 08/26/2004 10:55:32 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: Always Right

But, we must protect the owls, fish, whales, dogs, cats, rats, and mice at all costs, costs of billions. But it is ok to murder 50,000,000,000 children. No problem. None at all to the left.


115 posted on 08/26/2004 10:55:40 AM PDT by RetiredArmy (The time is coming for all true Patriots to rise up and take back this Republic!)
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To: BureaucratusMaximus
And if our elected officials won't do it...then we, the people should do it...by force if necessary.

Ah, angry mob justice. Is there anything more American?

116 posted on 08/26/2004 10:56:33 AM PDT by Modernman (Hippies.They're everywhere. They wanna save the earth, but all they do is smoke pot and smell bad.)
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To: johniegrad
a law that prohibits the performance of a particular abortion procedure must include an exception to preserve a woman's life and health

Does that mean murder laws must include exceptions for self-defense? Or isn't there a general principle that laws can be defended under certain circumstances?

117 posted on 08/26/2004 10:56:48 AM PDT by TravisBickle (Are you talking to me?)
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To: BureaucratusMaximus

It's way beyond, decades, beyond getting ridiculous. It's now life-threatening ...


118 posted on 08/26/2004 10:57:08 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: The Ghost of FReepers Past
"So basically they use circular reasoning to turn "because I want to" into "it's for my health"?"

Basically, you're right.

It's "If I think this pregnancy -- and the resulting child -- might adversely affect my health (including my future financial or emotional health) -- then I, as the person who is actually pregnant, must have the right to determine -- in the best interests of my health -- whether or not to continue this pregnancy."

What I find terrible is that there are "doctors" who buy into this sort of nonsense.

But, then, the doctors stand to make quite a handsome little profit from adopting this line of "thinking".

119 posted on 08/26/2004 10:57:09 AM PDT by chs68
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To: Liberty Valance

Casey, Richard Conway

Born 1933 in Ithaca, NY

Federal Judicial Service:
U. S. District Court, Southern District of New York

Nominated by William J. Clinton on July 16, 1997, to a seat vacated by Charles S. Haight, Jr.; Confirmed by the Senate on October 21, 1997, and received commission on October 24, 1997.

Education:
College of the Holy Cross, B.S., 1955
Georgetown University Law Center, LL.B., 1958

Professional Career:
Legal investigator, District Attorney's Office, New York County, NY, 1958
Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of New York, 1959-1963
Counsel, Special Commission of the State of New York, 1963-1964
Private practice, New York City, 1964-1997

Race or Ethnicity: White

Gender: Male

Interesting background article on Richard C. Casey the judge currently hearing a case on a challenge to the partial birth abortion ban in New York. In 1964 Judge Casey was diagnosed with retinitis pigmentosa, a disease that slowly eroded his sight until he lost it entirely in 1987.

In an interview several years ago, Casey explained how he overcame his initial anger and frustration at being blind through perseverance that included help from friends, strangers and a trip to the Catholic shrine of Lourdes in southern France.

There, he was told about a girl who went to Lourdes hoping to receive the miracle of sight, which never occurred. Still, she was later buried there with a tombstone inscribed, "What is important is not to see, but to understand."

"It changed me how I approach things," Casey said. "Anybody can have a spiritual miracle. I was going through a tough time in my life. I stopped saying, `Why me God?' and started saying, `Why not me?"'


120 posted on 08/26/2004 10:57:18 AM PDT by auboy (MSM's creed: see no truth, hear no truth, speak no truth.)
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