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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: Kaslin
I can't really understand why anyone would be surprised or shocked at this. The law was a sham because the Supreme Court already ruled that PBA was legal in the Nebraska case. Apart from using Article III language, which would have effectively taken the law out of the jurisidiction of the Federal courts, there is no way that such a law will not be struck down with the legion of Marxists - seated with Republican approval - sitting on the Federal bench.

The law was a sop - a dead fish - thrown to pro-lifers to buy votes. Nothing more. Bush, to his credit, has appointed pro-life judges to the Federal bench. Maybe if he wins a second term we'll see some decent Supreme Court appointments - maybe not. Nevertheless, legal precedents have been established and very few judges - even conservative ones - are willing to overturn legal precedents. Worse, the Republican track record on Supreme Court appointments is really only half-conservative. If Bush appoints O'Connor as Chief Justice and WH Counsel Alberto Gonzales as an associate justice (the prevailing wisdom among court watchers) , abortion will be permanently enshrined - just as racial preferences are now.

61 posted on 08/26/2004 10:18:51 AM PDT by Bogolyubski
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To: .38sw
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.

The same thing was said about homosexual "marriage", and the states voted "No."
The homosexuals are still looking for a liberal judge to over ride the states rights. The pro-death crowd would do the same thing, and it would end up back in the SC anyway.

62 posted on 08/26/2004 10:19:10 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: rawhide
This balance is in the form a constitutional amendment to the US Constitution, which the courts cannot declare unconstitutional.

Baloney.

There isn't a single clause in the U.S. Constitution that is immune from idiotic judicial interpretation.

Having said that, I will point out that the judiciary isn't really the problem here. I've said for some time that the Federal judiciary exists only to provide legal cover for legislators who don't have the b@lls to cast votes on controversial issues.

Abortion -- right up to the moment of birth -- will be legally allowed in this country until the day we are overrun by Mexicans and Muslims. You can bank on that.

63 posted on 08/26/2004 10:19:46 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: concerned about politics
Thanks for that link!

Here is another good anti-murder page: Abortion is Murder

64 posted on 08/26/2004 10:19:46 AM PDT by Indie (Ignorance of the truth is no excuse for stupidity.)
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To: Spackidagoosh

This is easily explained, as half-born children can only claim half their constitutional rights. And of course, you know who gets to dictate which rights those are. Who? Why this and other ACTIVIST judges of course, legislating from the bench.

How could we dare challenge a judge's qualifications, that ruled a mother had full constitutional rights, but a half-born child had none, not even the right to life, the most fundamental constitutional right there is.

Too bad a president can't remove his own appointees for cause. Of course that would require that a president actually have the back-bone to do it.


65 posted on 08/26/2004 10:19:48 AM PDT by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservatives)
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To: concerned about politics

I understand that. What we need to do is start impeaching tyrannical judges who would legislate from the bench.


66 posted on 08/26/2004 10:20:16 AM PDT by .38sw
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To: Indie
Abortion is Murder
67 posted on 08/26/2004 10:20:48 AM PDT by Indie (Ignorance of the truth is no excuse for stupidity.)
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To: GOP
Read the article. Judge seems to be wrong. As I understand it, the ban DOES allow for exceptions for the health/life of the mother.

I doubt this is over.

68 posted on 08/26/2004 10:20:55 AM PDT by MEGoody (Flush the Johns - vote Bush/Cheney 04)
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To: Peach

I consider it unconstitutional, but for a completly differant reason. Laws for murder, manslauter, and child slauter, are empowered with the States.


69 posted on 08/26/2004 10:21:03 AM PDT by ItsTheMediaStupid
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To: Spackidagoosh
That's activist judge-shopping for yah!

Ever wonder why it is that Abortocrats shriek that Roe is unassailable, bedrock constitutional law, while they frantically seek to dismantal it's integral provision - namely that a State may regulate late-term abortion?

70 posted on 08/26/2004 10:21:12 AM PDT by pollwatcher (The liberal mind works like a parachute - groundless and drifty.)
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To: B Knotts; Jim Noble
There's that FReelympic spirit! lol
71 posted on 08/26/2004 10:21:12 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: concerned about politics
What judge? Judges don't make laws. They obey them.

Hahahahahaha!

72 posted on 08/26/2004 10:21:35 AM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: concerned about politics

I posted an inquiry the other day as to what recourse we have to reprimand/discipline appointed judges. I don't believe there is anything we can do legally.

Can you impeach and remove an appointed judge?


73 posted on 08/26/2004 10:22:49 AM PDT by OriginalChristian (W04. The time is Right...)
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To: All

God will only take this so long before he intervenes. I am not looking forward to that day.


74 posted on 08/26/2004 10:23:16 AM PDT by diamond6 (Everyone who is for abortion has already been born. Ronald Reagan)
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To: rawhide
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.

Why not just let the people decide. Bring up the homosexual amendment and an abortion amendment and end all this. Let us, the people, decide on social issues like these. It's our country. Social issues should be our decision.

75 posted on 08/26/2004 10:23:49 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: Alberta's Child

The courts can nibble around the edges of a constitutional amendment, but they cannot declare the amendment itself unconstitutional.


76 posted on 08/26/2004 10:25:00 AM PDT by rawhide
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To: Kaslin

How is the mother's health aided or harmed by killing the baby? That's what I want to know. It is perfectly legal to birth the baby prematurely if the mother's health is threatened. I see no further help to the mother by stabbing the baby in the back of the neck and sucking his brains out while he writhes in pain.


77 posted on 08/26/2004 10:26:15 AM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: concerned about politics

"It's our country. Social issues should be our decision."

While I agree that this should be a public ballot issue, the term "herding cats" comes to mind.


78 posted on 08/26/2004 10:28:08 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: ItsTheMediaStupid

Which materials do you recommend to people that have no clue what States' Rights the Federal Constitution enumerates and how it's misunderstood? Besides obviously starting with READING the u. s. Constitution...


79 posted on 08/26/2004 10:28:24 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: Protagoras
" I can find no enumerated power in there for the federal government to be involved in murder. Please reference it for me."

Congress has the power to regulate interstate commerce, which the med profession is involved in. The 14th Amend guarantees fed rights. The right to life is the most fundamental of those. W/o that, there is no other.

80 posted on 08/26/2004 10:30:17 AM PDT by spunkets
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