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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

Breaking JUDGE FINDS PARTIAL-BIRTH ABORTION ACT UNCONSTITUTIONAL


TOPICS: Breaking News
KEYWORDS: abortion; judicialactivism; pba; pbaban
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To: Spackidagoosh
Lovely...clerics in black robes.

Funny, but I must of missed the part in The Constitution where it said it was okay to kill another human being.

221 posted on 08/26/2004 12:54:16 PM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: lastchance
With the judges name being Casey, and he being educated at College of the Holy Cross, B.S., 1955, then Georgetown University Law Center, LL.B., 1958, your assumption of him being Catholic is probably correct.

Have the Bishops ruled on giving the sacrament to politicians included judges, that are pro-abortion...the church probably will give it to them. However, someday, every person will have to face their maker, and maybe the 42,000,000 plus faces that they helped murder!
222 posted on 08/26/2004 12:55:28 PM PDT by Smartass (BUSH & CHENEY 2004 Si vis pacem, para bellum - Por el dedo de Dios se escribió)
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To: Schwaeky
and then they have buyer's remorse because they want all the enjoyment of that act but they don't want to pay the consequences for their actions,

Sin without consequence.

223 posted on 08/26/2004 1:07:15 PM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: Dr Snide
You offered (rather oddly), "When 75 to 80% of the country oppose Partial Birth Abortion and both your canidates voted in favor of it..." Only John Feckless Ketchup has voted for partial birth serial killing. Our current President is definitely PRO-LIFE and would not vote for or even hedge on the issue of partial birth slaughtering of alive, unborn children. How do you get that 'both candidates voted in favor of it'?
224 posted on 08/26/2004 1:59:26 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN

actually I was referring to both Dem canidates (Kerry and Edwards) who both voted against the ban.


225 posted on 08/26/2004 2:02:08 PM PDT by Dr Snide (vis pacem, para bellum - Prepare for war if you want peace)
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To: OriginalChristian

"Can you impeach and remove an appointed judge?" Ask Alcee Hastings ... 'course you'll have to go to the Black Caucus of the democraps in the Congress to do that, since Democraps in Florida elected him to the legislature AFTER he was impeached and removed from the bench! Typical of democrats ...


226 posted on 08/26/2004 2:05:11 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: concerned about politics

Ahh, but if this were brought up for a vote by the sovereigns, then the legislators would be admitting that they are not the sovereigns merely the elected servants of the sovereigns ... and you know that won't fly with power-crazed Congressthings.


227 posted on 08/26/2004 2:07:25 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Smartass

A true Dies Irae. What terror then to us shall fall. When lo, the Judge's steps appall, About to weigh the deeds of all.
God bless.


228 posted on 08/26/2004 2:47:27 PM PDT by lastchance (Choose Life)
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To: Spackidagoosh
Contrary to what many moderates and incrementalists on these boards and elsewhere think, the reversal of the abortion horror won't come about piecemeal through legislators introducing bills (such as the Partial Birth Abortion Act) which seek to whittle away at abortion little by little, with Partial Birth Abortion being the first step.

It will come about the same way it came in. With a complete reversal of Roe v Wade in one sweeping act.

Unfortunately, that will not occur until America collectively rejects the false gods it currently idolizes. Fornication, materialism, secularism. All the things which go to make abortion a "necessity". In other words, not until the "culture of death" is rejected.

Unfortunately, this in turn will not occur, until we are on the receiving end of some cataclysmic wakeup call which opens our eyes to the horror of our actions and makes us turn collectively to God.

God judges individuals but He also judges nations. We can't stand before Him and beg Him to keep us safe from the bad terrorist man while our own hands are dripping with blood. The constant fear and insecurity which we now feel from day to day is but the first installment of Divine justice for a people which is busy killing. Do we seriously expect peace and tranquility so that we can go on with the butchering? Maybe we vainly believe that our own lives are of more value to God, if we still believe in Him that is, than the unborn and partially born on whom we wreak such violence.

I'm not so sure.

229 posted on 08/26/2004 2:57:36 PM PDT by marshmallow
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To: Spackidagoosh

This was as certain as will be the decision next month by the FL "Supremes" that Terri Schiavo must and will die.


230 posted on 08/26/2004 3:06:40 PM PDT by Theodore R.
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To: concerned about politics

**Unelected judges are over ruling the choice of the American people.**

They aren't all appointed. Some are elected. And we need to un-elect them.


231 posted on 08/26/2004 4:26:05 PM PDT by Salvation (†With God all things are possible.†)
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To: lastchance

I have my own opinion about federal judges and their Courts, and it's not cool. Our federal judges are out of control and need to be reeled in and limited by congress. The U.S. Constitution requires three separate branches of government. However, we just have one dictating it's one man vote to negate the congress and executive branches. Clearly Unconstitutional. Moreover, I don't believe judges should have lifetime employment!


232 posted on 08/26/2004 4:27:46 PM PDT by Smartass (BUSH & CHENEY 2004 Si vis pacem, para bellum - Por el dedo de Dios se escribió)
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To: Smartass

With you 100%.


233 posted on 08/26/2004 4:33:52 PM PDT by lastchance (Choose Life)
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To: Spackidagoosh

It is! It is a state issue!


234 posted on 08/26/2004 4:34:48 PM PDT by farmfriend ( In Essentials, Unity...In Non-Essentials, Liberty...In All Things, Charity.)
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Comment #235 Removed by Moderator

Comment #236 Removed by Moderator

To: Jim Robinson; MHGinTN; Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; ...

Dear Mr. Robinson and Fellow Freepers:

A while back a Constitutional scholar sent me a letter regarding Congress’s power to strip the Federal Judiciary of it’s jurisdiction to hear or determine any abortion-related cases. I asked him to condense and simplify it. He did. It is now one page and is below.
I am a layman when it comes to law, but it seems straightforward and I find it hopeful and helpful. I hope you will also. PLEASE take just a few minutes to read this and consider copying and sending to all friends as well as to pro-life groups. We The People have the Constitutional Right and duty to end the holocaust of so called “legal” abortion and for the most part we’re not even aware of this as a possibility. Any Pro-Life lawyers are cordially invited to comment.

It will take great efforts to make this known and understood to a meaningful number of pro-lifers in order to bring this to fruition.


Dear Pro-Lifer:

The Life-Protecting Judicial Limitation Act of 2003[1] - Amends the Federal judicial code to deny the district courts of the United States, the District Court of Guam, the District Court of the Virgin Islands, the District Court for the Northern Mariana Islands, and the U.S. Court of Federal Claims jurisdiction to hear or determine any abortion-related case.

It was introduced in the U.S. House on April 1, 2003 and currently has only 3 cosponsors.

FaxNotes May 2003[2] gives a short description of this proposed legislation and Jan 2004 FaxNotes[3] states, "If legal protection of the right to life is to be restored in the United States it will take a majority of Members of the U.S. House and Senate who will exercise their powers under the U.S. Constitution to withdraw jurisdiction from the Courts over these matters," which is assumed to be an allusion to the Life-Protecting Judicial Limitation Act of 2003.

The Republican National Coalition for Life appears to be the only pro-life organization that is aware of H. R. 1546. This proposed legislation was also introduced by Ron Paul, M.D. (Rep. - Tx) in 1999 and 2002, yet pro-life organizations remain unaware, or opposed to the bill.

Jurisdiction removal from federal district Courts removes appellate jurisdiction from the U.S. Supreme court. H. R. 1546 fails to remove U.S. Supreme Court appellate jurisdiction over State Supreme Courts, (see George W. Bush, Et Al., Petitioners V Albert Gore, Jr., Et Al.) and wouldn't prevent a State law from being nullified on appeal to the U.S. Supreme Court, which appears to be the only flaw in the present version of bill. (U.S. Constitution, Article III, §1 and §2, permits Congress to strip ALL appellate jurisdiction from the U.S. Supreme Court.)

Nevertheless, the bill is a major step in restoring Federalism as described in Federalist No. 39 and comports with the incremental strategy accepted by most pro-life organizations. Additionally, the concept of the bill could be incorporated into a Right To Life Amendment for the U.S. Constitution, returning the issue to the States as it was prior to Roe v. Wade.

American Life League News, 10/31/03[4], states, "Now that President Bush has promised to sign the partial birth abortion bill into law, the court challenge will not be far behind." How right that turned out to be - "less than one hour after the president signed the legislation, a federal judge in Nebraska - U.S. District Judge Richard Kopf, appointed in 1992 by Mr. Bush's father - issued a limited temporary restraining order against the law."[5] PPFA & Planned Parenthood of Golden Gate filed a lawsuit in a San Francisco federal court Oct. 31, and The National Abortion Federation filed a suit in New York on the same grounds. In both cases, the judge ruled in favor of the plaintiffs and imposed a temporary injunction on the ban. Had the Life-Protecting Judicial Limitation Act of 2003 been the law of the land, the lawless federal courts would have had to dismiss the case for lack of jurisdiction. They could no more hear the case than a Tennessee traffic court could hear a case involving a Cuban speedster in Havana. PPFA, Planned Parenthood, and The National Abortion Federation would experience the unmitigated horror of having their precious lawsuit aborted by a federal judge.

Once pro-lifers experience the Constitutional power that Congress has over the federal courts - "politicians who only want to focus on one manner of murder so that they could claim enough pro-life credentials to guarantee re-election" - will no longer be able to hide behind the long flowing robes of federal judges, like the small child who hides behind the long dress of his mother when frightened. Subsequent legislation to silence the U.S. Supreme Court and State Supreme Courts, will no longer be met with the frightened exclamation by the politician who states, "but what about the Courts!" The heat of the electoral spotlight will be focused exactly where it needs to be: the 'pro-life' politician, not the unaccountable pro-murder judge.

Population Connection, formerly Zero Population Growth, in the Fall 2003 edition of "The Reporter"[6], called the existence of H. R. 1546, "frightening," and went on to state that the bill had no chance of becoming law. With abortionists opposing the bill and pro-lifers doing nothing to support it, their prediction will prove to be 100% correct.

Ed Szymkowiak of American Life League stated that H. R. 1546 needs to be explained in an article. A question/answer format with Rep. Ron Paul, M.D. (TX), or Dr. Herbert W. Titus, Senior Legal Advisor to the The Liberty Committee[7], of which Dr. Paul is chairman, may be suitable for Celebrate Life Magazine.[8]

[1] http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.01546:
[2] http://www.rnclife.org/faxnotes/2004/jan04/04-01-21.html
[3] http://www.rnclife.org/faxnotes/2003/may03/03-05-15.shtml
[4] http://www.all.org/news/031031.htm
[5] http://washingtontimes.com/op-ed/20031108-111532-9290r.htm
[6] http://www.populationconnection.org/Communications/Reporter/Fall2003/clinics.pdf
[7] http://www.thelibertycommittee.org/index.html
[8] http://www.all.org/celebrate_life


237 posted on 08/26/2004 5:07:16 PM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: cpforlife.org

Outstanding!


238 posted on 08/26/2004 5:17:03 PM PDT by Askel5 († Cooperatio voluntaria ad suicidium est legi morali contraria. †)
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To: Askel5
It seems that way to me too. But right now it seems to be going nowhere.

I believe most people have lost faith in our government ever correcting the holocaust that is Roe v Wade. Mine sure has.

As I understand this proposed legislation, a simple majority in both houses and a presidential signature is all that it would take to completely silence the judicial tyranny.

This person also informed me that Congress limited the courts using these same basic powers granted them by the Const. more than 6 times in 2002 - 2003.

If this is all true, then they are either afraid to act or don't want to -- or both.
239 posted on 08/26/2004 5:30:33 PM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: cpforlife.org

=== I believe most people have lost faith in our government ever correcting the holocaust that is Roe v Wade. Mine sure has.



They were wrong ever to believe such a thing.

That's the critical damage which must be undone if there ever is to be effective counter to the bi-partisan blueprint of population control of which legal abortion has been recognized from the beginning as "VITAL" to the solution of population control.

I don't think most have the stomach for that kind of truth, though.

What they don't realize is how liberating it truly is to face the odds -- however much worse than you thought they were -- head on.


240 posted on 08/26/2004 5:39:17 PM PDT by Askel5 († Cooperatio voluntaria ad suicidium est legi morali contraria. †)
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