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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: Indie

Thanks...I was looking to see who appointed this guy.


41 posted on 08/26/2004 10:09:33 AM PDT by NativeNewYorker (Don't blame me. I voted for Sharpton.)
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To: Spackidagoosh

What is a Constitution?


42 posted on 08/26/2004 10:11:01 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: Javelina
So, what's the big deal with having a health exception?

Because the "health exception" includes Mommy being sad because she's having a baby.

43 posted on 08/26/2004 10:11:14 AM PDT by Jim Noble (Hillary becomes the RAT candidate on October 9. You saw it here first.)
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To: Javelina
So, what's the big deal with having a health exception?

The "health exemption" is always used to excuse any abortion at any time. If they can't make up something having to do with physical health, they will argue that it is necessary for the mother's "mental health."

44 posted on 08/26/2004 10:11:25 AM PDT by B Knotts
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To: Spackidagoosh

The Pro-Death Party Kills Again.

Kerry the baby killer....a Cambodia Abortion.


45 posted on 08/26/2004 10:11:43 AM PDT by xzins (Retired Army and Supporting Bush/Cheney 2004!)
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To: Spackidagoosh

Same old crap. When it comes to abortion, the devil is having a field day.


46 posted on 08/26/2004 10:12:18 AM PDT by Saundra Duffy
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Comment #47 Removed by Moderator

To: Javelina
I've always wondered about this argument. If there is no health reason to do a PBA, then why not just put the exception in there? If there is no health reason, the exception won't be used. So, what's the big deal with having a health exception?

If an exception was part of the law, then a practitioner would be the one deciding if the criteria were met for an exception. Since there are no know reasons for a PBA, the decision would be one based on individual opinion and it would simply be a matter of the pregnant woman finding the practitioner that would do the procedure regardless if the exception was real or not. If someone had a financial incentive to do the procedure they may be inclined to create the clinical indication to do it. If it's challenged in retrospect, it's too late cuz baby is dead.

48 posted on 08/26/2004 10:13:21 AM PDT by johniegrad
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To: AFPhys
This plays so much into the hands of the Right-To-Life and other Party activists. I'm really surprised that they didn't shelve this until after the election.

You bet it does. Bush just stole the Catholic vote away from Kerry. Usually, only 1 out of 4 Christians vote. This should get them out the door even more than homosexual "marriage."

Anyway, these judges are dictators. They don't belong on the bench. They're disobeying our laws. We don't live in a socialist state or even a democracy. America is a Republic, and these judges are destroying it.

49 posted on 08/26/2004 10:13:30 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: Lancey Howard
No big deal - - this scumbag liberal activist judge will be spanked on appeal

By whom?

Ginsburg?

Breyer?

Kennedy?

O'Connor?

SOUTER?

You sir, are dreaming.

50 posted on 08/26/2004 10:13:30 AM PDT by Jim Noble (Hillary becomes the RAT candidate on October 9. You saw it here first.)
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To: Protagoras

You have a point. It would be up to the states to ban partial birth abortion. I was shooting from the hip here. It's a barbaric procedure and should be banned, but it would be up to the states. It's the same thing as the fed gov trying to pass laws regarding "violence against women" and other such things that they do not have the constitutional authority to do. But, we've gotten to the point where the Constitution means whatever some judge says it means, and the Congress in spite of pledging to uphold and defend the Constition, goes right ahead and ignores it.


51 posted on 08/26/2004 10:13:32 AM PDT by .38sw
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Comment #52 Removed by Moderator

To: concerned about politics





"By Associated Press

August 26, 2004, 12:50 PM EDT

NEW YORK -- In a highly anticipated ruling, a federal judge found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception.

U.S. District Judge Richard C. Casey in Manhattan said the Supreme Court has made it clear that a law that prohibits the performance of a particular abortion procedure must include an exception to preserve a woman's life and health."

The various death cults have certainly been busy lately :o(


53 posted on 08/26/2004 10:14:47 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: Jim Noble; B Knotts

You guys both nailed it and only 11 seconds apart...


54 posted on 08/26/2004 10:15:10 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: .38sw

I agree


55 posted on 08/26/2004 10:15:15 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: Spackidagoosh

When our government was created, there were also checks and balances created between the legislative, the executive and the judicial branches, so that no branch could have out-of-control power. What some may not know, is that when the judicial branch recklessly exceeds it authority, to promote its own agenda and/or to ignore the will of the people, then the legislative and executive branch have a check and balance against them. This balance is in the form a constitutional amendment to the US Constitution, which the courts cannot declare unconstitutional. I think now it is time for the people to call for and pass a constitutional amendment outlawing partial birth abortions.


56 posted on 08/26/2004 10:15:17 AM PDT by rawhide
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Disgusting.


57 posted on 08/26/2004 10:15:22 AM PDT by CounterCounterCulture (End the culture of death!)
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To: Liberty Valance
U.S. District Judge Richard C. Casey in Manhattan said the Supreme Court has made it clear that a law that prohibits the performance of a particular abortion procedure must include an exception to preserve a woman's life and health.

Just once, I would love to see a Federal judge with a libertarian streak overturn a gun control law specifically because it doesn't include an exception to preserve the life and health of a prospective gun owner.

58 posted on 08/26/2004 10:16:44 AM PDT by Alberta's Child (I made enough money to buy Miami -- but I pissed it away on the Alternative Minimum Tax.)
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To: zarf


The DOG. Bet Beavis and Butt-Head talked him into it.
59 posted on 08/26/2004 10:17:57 AM PDT by Xenalyte (Lord, I apologize . . . and be with the starving pygmies in New Guinea amen.)
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To: ApesForEvolution; Jim Noble

I woulda beat him, too, but I'm typing slow, because I'm still recovering from a nasty bout of stomach flu. :-)


60 posted on 08/26/2004 10:18:49 AM PDT by B Knotts
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