Judge Richard Casey sits for a portrait with his dog, Barney, in this April 8, 2004 file photo, in New York. The judge obviously believes Barney has more rights than a nearly-born human being. (AP Photo/Mary Altaffer, File)
Posted on 08/26/2004 11:37:27 AM PDT by jmaroneps37
Federal Judge Rules Against Partial Birth Abortion Ban
Aug 26, 1:26 PM (ET)
By Gail Appleson NEW YORK (Reuters) - A federal judge on Thursday ruled against the government's ban on so-called partial birth abortions, saying the measure signed into law last year by President Bush was unconstitutional.
The ruling by U.S. District Judge Richard Casey of Manhattan followed a similar decision by a San Francisco judge in June that barred the U.S. Justice Department from enforcing the ban.
A Justice Department spokesman had no immediate comment on the New York ruling. Earlier this month, the department said it would appeal the San Francisco court ruling.
Casey said a Supreme Court ruling held that the only way "this gruesome procedure" may be outlawed is if there was a "medical consensus" there was no circumstance in which any woman could benefit from it.
"While Congress and lower courts may disagree with the Supreme Court's constitutional decision, that does not free them from their constitutional duty to obey the Supreme Court's rulings," Casey said.
Abortion providers, who sued to overturn the law, argued its language was so vague and broad it applied to a range of abortions performed as early as 13 weeks into a pregnancy.
They said the ban was also unconstitutional because it lacked an exception that would allow the procedure to protect a woman's health.
Proponents of the ban said it applied only to one kind of late-term procedure involving the destruction of a "living fetus" that is at least partially outside the mother's body. The government maintains the procedure is not only medically unnecessary but an "inhumane procedure that causes pain to the fetus."
Pain? Slicing through someone's spinal cord and sucking their brain's out? Has anyone NOT watched one of the beheading videos? Hello?
Maybe men should be barred from being judges if they can make such decisions.
Roe v. Wade allows for the regulation of abortion procedures in the third trimester. So where are these judges coming up with their decisions?
I looked at my little Constitution booklet twice. There must be a missing Article or Amendment that my copy doesn't have that these judges see, the one that says "the right of the People to Murder an unborn Child shall not be infringed."
What's the possibility of throwing out the last 40 years of court precedent, and starting over?
Another reason that "the base" should be fired up to vote for Bush this year. We need a long string of conservative presidents to undo 40+ years of disasterous court rulings. This making up of constitutional rights out of imaginary constitutional provisions by bubble-headed judges is THE most critical problem in this nation, IMO.
Well Judge Casey you have just thrust yourself into the abortion argument in a big way.
Hope you never are allowed to sleep well again.
Go get him anti abortion folks.
Of all things abhorant, partial birth abortion is the worst.
You judge Casey are dirt.
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
another klinton scum
Maybe if they made it the preferred way to execute those on death row, it would get more negative attention. I would love to hear some governor say that if it's good and humane enough for innocent babies, it ought to suffice for the worst criminals...
The MSM calls it the "so called" partial birth abortion. They don't like the term partial birth abortion. I have a suuggestion--call it what it is---infanticide!!!
with his undergrad degree and law school at CATHOLIC institutions.
undergrad degree and law degree from CATHOLIC institutions.
Read the OTHER abortion decisions, like Doe v. Bolton, which was issued the same day as Roe v. Wade, and completely guts the bogus trimester distinctions contained in Roe.
My Two Cents: The lawyers are the courts and the courts are the lawyers. We need control of the judiciary, and we need tort reform. Not necessarily in that order.
And how can the court stop the government from enforcing this? What about "Stroke of the Pen, Law of the Land, Pretty cool".)?
So, the courts were inconsistent on the abortion issue from the get-go....
Judge Richard Casey sits for a portrait with his dog, Barney, in this April 8, 2004 file photo, in New York. The judge obviously believes Barney has more rights than a nearly-born human being. (AP Photo/Mary Altaffer, File)
I'm beginning to seriously think that this country is beyond saving and beyond redemption (at least on these issues), save the return of Christ Himself. I really don't know what it's going to take to turn this country around. If the leftists were all confined to a recognizeable region of the country, I'd be sure that another full-blown civil war was right around the corner. I read news items like this, and all I can do is despair.
Please don't get down. We are winning and we will overcome this and win in November. There are great people in this country and we will show ourselves and "Pretty soon the whole world will hear us!"
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.