Posted on 01/31/2006 12:54:25 PM PST by Jhohanna
SAN FRANCISCO - An appeals court ruled Tuesday that the federal law banning 'partial-birth' abortion is unconstitutional, saying the measure is vague and lacks an exception for cases in which a womans health is at stake.
(Excerpt) Read more at msnbc.msn.com ...
I did read it and I knew the appeal had been made. You said it is ON the calendar and I was not aware the Supremes had made the decision to accept it. That's what I was asking for. Thank you.
Perhaps the whole court will have a different opinion.
You're right, I spoke too soon and didn't realize this was a PBA law.
Read Reinhards opinion and then read Kennedy's dissent in Stenberg (linked above).
If Alito and Roberts are what they were portrayed as, Stenberg gets overturned shortly.
One brick at a time.
Any time.
And which clause is it that guarantees women's health? I can't find that one in my pocket Constitution.
I understand. I saw your comment withdrawal after I posted.
You mean we're waiting for the decision, as I thought. You said it was already on the calendar. Thanks for verifying that I had not missed it after all.
" The procedure is to induce labor, stop the labor with some part of the child still inside the woman and then KILL THE BABY. This actually TAKES MORE TIME than simply inducing labor and delivering the baby."
As I understand it, you skipped one important step, first the baby is turned around breach so it can be delivered feet first, stopping just short of delivering the head so it's skull can be punctured and it's brain sucked out.
So why is it that during a normal birth, it's supposed to be bad for the mothers health if the baby is breach???
You are right.
Kennedy wrote that?
Wow.
Yes, Kennedy will be as solid as any of them when it comes time to face a partial birth abortion question.
Thank you again for the reference. You made my day.
It's too soon. They want to force us to attack before we are ready. We need one more before we go after Roe, because if we go after Roe and fail, the next judicial appointment will literally be a referendum on Roe with no pretense.
Analysis, or wishful thinking?
Not wishful thinking, or particular analysis, just my reading over the years on criteria by which Supremes decide to take cases. Since all the invective here was being hurled at the 9th circuit, I just wanted to remind people that it has been turned down by other courts as well.
No. 05-380
Title: Alberto R. Gonzales, Attorney General, Petitioner
v.
Leroy Carhart, et al.
Docketed: September 26, 2005
Lower Ct: United States Court of Appeals for the Eighth Circuit
Case Nos.: (04-3379)
Decision Date: July 8, 2005
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Sep 23 2005 Petition for a writ of certiorari filed. (Response due October 26, 2005)
Sep 23 2005 Appendix of Alberto R. Gonzales, Attorney General filed (Volumes I & II).
Oct 4 2005 Brief amici curiae of Margie Riley, et al. filed.
Oct 6 2005 Order extending time to file response to petition to and including November 18, 2005.
Oct 19 2005 Brief amicus curiae of Thomas More Law Center filed.
Nov 18 2005 Brief amici curiae of Texas, et al. filed.
Nov 18 2005 Brief amici curiae of American Center for Law & Justice, et al. filed.
Nov 18 2005 Brief of respondents Leroy Carhart, et al. in opposition filed.
Nov 18 2005 Appendix to brief in opposition filed.
Nov 30 2005 DISTRIBUTED for Conference of January 6, 2006.
Dec 2 2005 Reply of petitioner Alberto R. Gonzales, Attorney General filed. (Distributed)
Jan 18 2006 DISTRIBUTED for Conference of January 20, 2006.
You're welcome Vic.
The flood of death has not yet subsided, but we stand, today, at the turning of the tide.
Alleluia! Gloria in excelsis!
They really do bastardize the language. "Unconstitutional" to a liberal is like "unfair" to a Union member...it just means they *officially* don't like it.
Is that your way of saying your are personally opposed, but politically in favor of abortion?
Oh yes, we are prayerful here that the tide is turning.
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.