Posted on 10/31/2005 7:58:05 PM PST by Coleus
The Health of the Mother crap is used frequently by the pro-abortion feminists who claim a mother can die the day before she is supposed to give birth and that it's necessary to have the "health" exclusion. Women, if they do die, mostly die during childbirth. In this day of age of modern medicine and sonograms, most women who have any problems usually undergo a planned Caesarian Section or abort in the first or second trimester. This health of the mother clause is just an "open door" to continue to allow the Partial Birth Abortion procedure to be carried out in abortion mills since the butchers can use a mental health reason (let's say mild depression) in order to justify the baby killing.
Health of the mother is interpreted very broadly -- economic health, included.
If the health of the mother must be immediately attended to, there is the immediate option of Cesaerean section.
Partial birth abortion is at least a two day affair for the woman as her cervix has to be artificially and unnaturally opened before she goes into labor.
if he had, it would have been tossed by the SCOTUS anyway.
I am upset that Alito hasn't bombed any abortion clinics.
"And the 10th amendment and the legislature and the people of NJ mean nothing?"
Not when there is standing precedent in the case that says otherwise.
You overturn roe and the associateed laws, and then he would have had the power to rule otherwise. But since it was still in effect, he had no choice but to rule that way - unless he was being an 'activist'.
Circuit judges must abide by precedent set by the supreme court and other courts in the circuit.
I don't agree with everything my boss does, but I must abide by it.
As I slowly become the big-shot, then I get to make big decisions.
And so it was with Judge Alito.
Alito's record - what I have seen of it, anyway - shows that he sticks scrupulously to the letter and the spirit of the law, rather than interpreting the law in light of his own desires. There is good reason to be confident that someone with that outlook, when given the authority and opportunity to rule on the Supreme Court, will say the basis for Roe and other decisions that usurp legislative power cannot be found in the law, and thus overturn them.
LOL. It seems these are the lengths it will take to please some.
But what about the Casey v. Planned Parenthood case? The abortionists have lined up against him for that one, where he was on our side. Which is where I think he will end up.
Partial birth abortion is at least a two day affair for the woman as her cervix has to be artificially and unnaturally opened before she goes into labor. >>
thanks, that's right, I forgot about that it is a 2-3 day procedure.
I'm looking at the FR poll and Alito is in the 90% range, doing better so far than even Roberts.
This poster may want an activist Judge, but the vast majority do not. You summed up the opinion well, this opinion was known in an advance and stripped apart and found in keeping with what we expect from someone in that position. That doesn't seem to have affected the support of any of the pro-life groups, that are universal in their endorsements as well.
"Sigh.
Do you even have a clue?"
Who the hell are you .
They do, but since Alito followed the law as determined by the Supreme Court. The Supreme Court is the only court that can overturn itself. If the Supreme Court says 2 + 2 = 5, the circuit courts have no choice by to say 2 + 2 = 5 if that question comes before the court. It is the correct ruling eventhough they know it is wrong.
Not when there is standing precedent in the case that says otherwise.
You overturn roe and the associateed laws, and then he would have had the power to rule otherwise. But since it was still in effect, he had no choice but to rule that way - unless he was being an 'activist'.
Circuit judges must abide by precedent set by the supreme court and other courts in the circuit.>>>>>>>>>>>>>>>>
this wasn't about overturning roe v. wade.
this was a state case banning PBA.
then, why is it that other states in the USA can ban PBA and NJ can not? Because of Alito the Conservative and Trump.
Well, flashbunny, it seems you and I are in agreement this time.
Coleus, you are hysterically taking something you obviously don't understand and compounding your error by using it totally out of context. If we listen to folks like you, pretty soon NO ONE will be qualified for the SCOTUS. Sheesh! Get a grip.
we still need one more justice for that. the president elected in 2008 will likely replace Stevens and Ginsburg - that president will be the one to reshape the court. if Hillary wins the 2008 election, Roe will never be undone.
7. Legislative Bill 23 defines "partial-birth abortion" as follows:
Partial-birth abortion means an abortion procedure in which the person performing the
abortion partially delivers vaginally a living unborn child before killing the unborn child and
completing the delivery. For purposes of this subdivision, the term partially delivers
vaginally a living unborn child before killing the unborn child means deliberately and
intentionally delivering into the vagina a living unborn child, or a substantial portion
thereof, for the purpose of performing a procedure that the person performing such
procedure knows will kill the unborn child and does kill the unborn child.
Where in the constitution does it give anyone the right to kill a child in the process of being born?
And don't give me that guff that this is only about abortion. We are killing off the disabled and Oregon is allowing the killing of its own infirm or depressed citizens as we speak!
I agree.
Well stated.
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