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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: Protagoras

If a state legalized infanticide you think the fedgov has to power to stop it?

At any rate the 14th amendment makes fedgov involvement in the prevention of murder (aka PBA) constitutional since the newly born baby is being denied its right to due process. Not to mention being deprived of life.


81 posted on 08/26/2004 10:30:55 AM PDT by justshutupandtakeit (My Father was 10x the hero John Fraud Kerry is.)
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To: B Knotts
"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.""

Exactly.

Before I was banned by the kids over at DU, I used to post regularly in their threads on abortion.

A doctor who wants to perform an abortion doesn't really even need to "make something up". All s/he really needs to do is to say that pregnancy itself is a threat to a woman's health, and, voila! a reasojn is found to abort the unborn baby.

82 posted on 08/26/2004 10:31:02 AM PDT by chs68
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To: .38sw
The people want the ban...the President signs it, and it takes just one liberal judge to let the killing of innnocent babies continue. This is incredibly heartbreaking. And NOW is celebrating.
83 posted on 08/26/2004 10:31:24 AM PDT by God'sgrrl (Abortion is advocated only by persons who have themselves been born. -President Ronald Reagan)
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To: ApesForEvolution
Right now, it goes like this....

If states approve of the liberal agenda, it's state rights.
If a state refuses the liberal agenda, it's a federal issue.

84 posted on 08/26/2004 10:32:30 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

Congress already has the power to remove laws from the purveiw of the SC but doesn't because of the reason you mentioned- it provides cover.


85 posted on 08/26/2004 10:34:03 AM PDT by justshutupandtakeit (My Father was 10x the hero John Fraud Kerry is.)
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http://www.newsday.com/news/nationworld/wire/sns-ap-partial-birth-abortion,0,5997654,print.story?coll=sns-ap-nationworld-headlines

Judge Stops Partial-Birth Abortion Law

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.

Casey issued the ruling two months after hearing closing arguments in the case.

A San Francisco judge has already declared the 2003 law unconstitutional, and a judge in Lincoln, Neb., is still considering the question. The three judges suspended the ban while they held the trials.

The law is aimed at stopping a procedure, usually performed during the second trimester of pregnancy, in which a fetus is partly delivered, its skull punctured and its brain removed, often by suction.

Opponents, including Republicans in Congress who pushed for the ban, call the procedure "partial-birth abortion," but abortion rights groups and many doctors refer to it as "intact dilation and evacuation."


86 posted on 08/26/2004 10:34:42 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: rawhide
The courts can nibble around the edges of a constitutional amendment, but they cannot declare the amendment itself unconstitutional.

1. The right to keep and bear arms has been overturned by Federal courts with such boring regularity that it isn't even recognized anymore.

2. Affirmative action and other race- and gender-based laws are routinely upheld by Federal courts, despite the fact that they are directly at odds with the equal protection clause of the Constitution.

3. Campaign Finance Reform.

I rest my case.

People may consider me a cynic, but as far as I'm concerned, in today's legal climate the U.S. Constitution is less meaningful than a piece of used toilet paper.

87 posted on 08/26/2004 10:34:59 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: Spackidagoosh

George Bush just won this election. You know the Kerry camp did not want this happening until Nov. 3. When 75 to 80% of the country oppose Partial Birth Abortion and both your canidates voted in favor of it, having it re-emerge as an issue is not what you hope for.


88 posted on 08/26/2004 10:35:41 AM PDT by Dr Snide (vis pacem, para bellum - Prepare for war if you want peace)
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To: The Ghost of FReepers Past
"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."

I'll try to explain the "thinking" (or what passes for thinking) of those who advocate this most brutal of procedures.

It comes via the crazies over at DU, with whom I used to argue the issue of abortion.

It goes something like this: Women never have abortions performed "for trivial reasons". A decision by a woman to have an abortion is always done for health reasons. Pregnanacy itself is a threat to a woman's health. Since that is so, a woman must have the right to decide for herself whether she wishes -- in the interests of her own health -- to continue with a pregnancy or not.

There's more to this argument, but this is all I can stand to type right now.

I have to go take a shower now.

89 posted on 08/26/2004 10:36:01 AM PDT by chs68
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To: MHGinTN; Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; ...
Pro-Life PING

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

90 posted on 08/26/2004 10:37:01 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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To: Spackidagoosh
Big deal. Whatever the lower courts decide, this is going to the Supreme Court.

If this judge had ruled that the PBA ban was constitutional, pro-choice groups would have automatically appealed that decision. Similarly, I'm sure the appeal of this decision by pro-life groups is already in the works.

91 posted on 08/26/2004 10:37:18 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: spunkets
Congress has the power to regulate interstate commerce, which the med profession is involved in.

Nice try, that's what the liberals do with the commerce clause. But there are pleanty of doctors who perform abortions intrastate. It would be a stretch to say "the medical profession" is involved in interstate commerce. That would put ALL medical activities under the feds. You want that? Sorry, that won't fly.

The 14th Amend guarantees fed rights.

Fed rights? What are those?

Murder is not a federal matter.

92 posted on 08/26/2004 10:38:25 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: God'sgrrl
"And NOW is celebrating."

And NARAL.

And PPFA

And John Kerry (he voted to against the PBA Abortion Ban)

And John Edwards (he also voted against the ban).

And the Democratic Party.

93 posted on 08/26/2004 10:38:51 AM PDT by chs68
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To: justshutupandtakeit

You will need at least one constitutional amendment to get where you want to go on this.


94 posted on 08/26/2004 10:39:44 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: cpforlife.org
Opponents, including Republicans in Congress who pushed for the ban, call the procedure "partial-birth abortion," but abortion rights groups and many doctors refer to it as "intact dilation and evacuation."

Liberals put a pretty face on the most vilest of behaviors.
"Gay"
"choice"
"For the sake of the children."

America has to remove those propaganda masks, and starting calling things what they are. Including the press. It's "ruthless infanticide" and "homosexual fetish" and "Child abuse."

95 posted on 08/26/2004 10:40:12 AM PDT by concerned about politics ( Liberals are still stuck at the bottom of Maslow's Hierarchy)
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To: diamond6

The only question is, how many spaces will He make us go back in the game of Life...


96 posted on 08/26/2004 10:40:36 AM PDT by Rutles4Ever
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To: chs68

So basically they use circular reasoning to turn "because I want to" into "it's for my health"?


97 posted on 08/26/2004 10:41:45 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: The Ghost of FReepers Past

Bingo. The fact is, it's "partial birth". It's PARTIALLY BORN. If the mother is not dead by the time the head is ready to come out, HER HEALTH IS NOT BEING THREATENED!!


98 posted on 08/26/2004 10:42:02 AM PDT by Rutles4Ever
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To: OriginalChristian
Can you impeach and remove an appointed judge?

A Federal judge? Sure. Same standard as impeaching a President, I think.

You can't impeach them for making dumb rulings, though.

99 posted on 08/26/2004 10:42:14 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: justshutupandtakeit
If a state legalized infanticide you think the fedgov has to power to stop it?

BTW, we aren't talking about infanticide, at least the government doesn't see it as infantacide.

100 posted on 08/26/2004 10:42:15 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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