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To: linda_22003
Case links for the record ...

2nd Circuit

The District Court found the Federal Act unconstitutional, due to a failure to find a medical concensus that there is no circumstance in which any woman could potentially benefir from the procedure. A division of medical opinion exists, even according to the testimony on which Congress relied in passing the act. "Such a division means the Constitution requires a health exception." Following the rule of law set forth in Stenberg.

National Abortion Federation v. Ashcroft, 330 F. Supp. 2d 436 (S. D. N. Y. 2004)
http://news.findlaw.com/cnn/docs/abortion/nafash82604opn.pdf

Judge Chester J. Straub filed a dissent in the Circuit Court Appeal of January 31, 2006. From the link below, enter "National Abortion Federation" as the search term.

National Abortion Federation v. Gonzales, Docket No. 04-5201-cv (2nd Cir. 2006)
http://www.ca2.uscourts.gov/searchtest.htm

8th Circuit

Carhart v. Ashcroft, No. 4:03CV3385 (D.Neb. 2004)
http://www.reproductiverights.org/pdf/crt_carVash_op090804.pdf

Gonzales v. Carhart, 04-3379 (8th Cir. 2005)
http://www.crlp.org/pdf/crt_8CircuitOpinion.pdf

In the Supreme Court, Gonzales v. Carhart, 05-380
Supreme Court DOcket for 05-380

PETITION FOR A WRIT OF CERTIORARI / Appendices
http://www.usdoj.gov/osg/briefs/2005/2pet/7pet/2005-0380.pet.aa.html
http://www.usdoj.gov/osg/briefs/2005/2pet/7pet/2005-0380.pet.app.vol.1.html
http://www.usdoj.gov/osg/briefs/2005/2pet/7pet/2005-0380.pet.app.vol.2.html

ON PETITION FOR A WRIT OF CERTIORARI - REPLY BRIEF FOR THE PETITIONER
http://www.usdoj.gov/osg/briefs/2005/2pet/7pet/2005-0380.pet.rep.html

American Center for Law & Justice - Amicus Brief in Favor of Grant of Certiorari
http://www.aclj.org/media/pdf/GonzalesvCarhartACLJAmicusinSupportofPetition.pdf

9th Circuit

Planned Parenthood Federation of America v. Ashcroft, CV-03-4872-PJH (N.D.Ca. 2004
http://www.plannedparenthood.org/pp2/portal/files/portal/media/abortban-040601-order.pdf

Planned Parenthood Federation of America v. Gonzales, No. 04-16621, (9th Cir. 2006)
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/.../0416621.pdf


See also

Striking down Virgina PBA law by the US District Court for the Eastern District of Virginia.

Richmond Medical Center for Women v. David M. Hicks ...
http://www.reproductiverights.org/pdf/020204VApbiDecision.pdf

Northland Family Planning Clinic, Inc. v. Cox

Federal Court Strikes Michigan Abortion Ban for Third Time
Reproductive Rights Groups Hail the Decision
New York | September 15, 2005 | More Info

Detroit, MIThe American Civil Liberties Union, the Center for Reproductive Rights, and the Planned Parenthood Federation of America today hailed a decision by a federal court striking down the third Michigan ban on abortion enacted by the Michigan Legislature in the past decade. The groups learned of the decision late last night.

"This ruling is adding to the long list across the country reaffirming that decisions about medical care should be between a woman and her doctor, not politicians," said Kary Moss, ACLU of Michigan Executive Director. "Michigan legislators should think of the phrase, 'three strikes youre out,' and move on to dealing with the problems of our state that truly need their attention."

Federal District Judge Denise Page Hood held in the decision dated September 12 that the law in question, the Legal Birth Definition Act, "creates a ban on actions at the heart of abortion procedures from the earliest stages of pregnancy, whether used to perform induced abortions or to treat pregnancy loss."

http://www.reproductiverights.org/pr_05_0915Michigan.html


174 posted on 02/01/2006 1:10:09 PM PST by Cboldt
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To: Cboldt

Thank you! I'm marking that for later. That's a lot of homework! :)


175 posted on 02/01/2006 1:11:11 PM PST by linda_22003
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