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Partial Birth Abortion Act Ruled Unconstitutional by U.S. Courts
NY Times ^ | February 1, 2006 | JULIA PRESTON

Posted on 02/01/2006 8:04:44 PM PST by neverdem

Two federal appeals courts yesterday upheld rulings that the Partial Birth Abortion Act, passed by Congress in 2003 but barred by the courts, is unconstitutional because it does not include an exception when the health of a pregnant woman is at risk.

The rulings, which came on the same day from three-judge panels in the Court of Appeals for the Second Circuit, in New York, and the Ninth Circuit, in San Francisco, were substantially based on a United States Supreme Court decision in a Nebraska case in 2000. In that case, the Supreme Court found that any abortion ban must include an exception allowing a procedure that involves a partly delivered fetus after the first trimester of pregnancy, known among opponents as partial birth abortion, when alternative methods could endanger the woman's health.

Since the appeals court for the Eighth Circuit, in St. Louis, reached a similar conclusion last July, the three legal challenges nationwide to the abortion act have now been affirmed on appeal. This month the Supreme Court several times postponed deciding whether to hear the Eighth Circuit case.

The Second Circuit upheld the challenge, brought by the National Abortion Federation, on the narrowest of grounds, and did not strike down the act. Instead, the appeals court gave both sides 30 days to offer recommendations on how to remedy the failings in the law.

One of the three judges, Chester J. Straub, dissented. He wrote that he does not believe a woman's right to end her pregnancy under Roe v. Wade in 1973 "extends to the destruction of a child that is substantially outside her body."

The Second Circuit chief judge, John M. Walker Jr., wrote in a concurring opinion that precedent forced him to rule against the act "no matter how personally distasteful the fulfillment of that..."

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Politics/Elections; US: California; US: District of Columbia; US: New York
KEYWORDS: 2ndcircuit; 9thcircuit; abortion; partialbirthabortion; pbaban; ruling
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To: ohioWfan

I thought they did ... but I wasn't sure


21 posted on 02/01/2006 8:51:26 PM PST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
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To: gooper
Serious fetal abnormalities like what? Give examples please, of what excuses the murder of a viable baby ready to be born?

Oh..........and welcome to FR.

btw, the bill DID include an exception for the health of the mother.

22 posted on 02/01/2006 8:52:55 PM PST by ohioWfan (PROUD Mom of an Iraq War VET! THANKS, son!!!!)
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To: Mo1
Yes. I remember it well. The reason the debauched one gave for vetoing it was the exception, so it was put IN this one.

I don't have the details at hand (and I have a frighteningly poor memory), but this isn't accurate.

23 posted on 02/01/2006 8:54:28 PM PST by ohioWfan (PROUD Mom of an Iraq War VET! THANKS, son!!!!)
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To: neverdem

If a guy has a "part" of himself inside a woman, can we kill him? This is the rationale for PBA.


24 posted on 02/01/2006 8:54:57 PM PST by msnimje (SAMMY for SANDY --- THAT IS WHAT I CALL A GOOD TRADE!!!)
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To: neverdem

Assuming Alito joins the conservative, the law should be upheld by the SCOTUS. Kennedy supports Roe, but I think he also supports reasonable restrictions such as the PBA ban.


25 posted on 02/01/2006 9:03:31 PM PST by Young Scholar
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To: satchmodog9

Crotches are not specifically protected, however the person to which it is attached is.

Remember something about "Life, Liberty, etc?


26 posted on 02/01/2006 9:30:46 PM PST by GladesGuru (In a society predicated upon Liberty, it is essential to examine principle)
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To: ohioWfan
Serious fetal abnormalities like what? Give examples please, of what excuses the murder of a viable baby ready to be born?

I didn't say it's justified. In fact, I called it "brutal and sickening", or words to that effect. What I said is that in most of the cases where people do late-term abortions, it's because there are serious fetal abnormalities and they don't want to carry the pregnancy to term. I feel a great deal of empathy for anyone in that position.

27 posted on 02/01/2006 9:42:45 PM PST by gooper
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To: gooper

Unfortunately, exceptions for the LIFE of the mother are very different than exceptions for the HEALTH of the mother. "Health" of the mother can and does include "mental health", which opens up a whole 'nother avenue.

PBA's, [as heard from those who perform them (Tiller, et al)], are often performed on girls/women who "don't want a kid right now/can't afford it/forgot, again", and very rarely on those whose pregnancies are "at risk", either by fetal abnormality or risking the life of the mother.


28 posted on 02/01/2006 9:48:14 PM PST by cgk (I don't see myself as a conservative. I see myself as a religious, right-wing, wacko extremist.)
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To: Fenris6
There is ABSOLUTELY NO REASON for this procedure which would be related to the actual health of the mother. Its a joke. But the feminazis bring in an affidavit of some abortion doctor who concocts some byzantine scenario where it might be 'possible' that this procedure could be needed. Doesn't matter that the AMA and OB/GYN Assn says it isn't true.

With the number of c-sections going on now due to the trial lawyers, doctors will by cut you open at the drop of a hat because it is far safer than actually delivering a child vaginally.

So the doctor would have to claim that the scar from the incision was the 'health' of the mother reason for avoiding giving birth and instead killing the baby and extracting it vaginally (which again, is far more dangerous).

All we need is for this to get back to the Supremes and Sandy O'Connor won't be around to bail out the justices of death up there and we can have a 5 judge majority to establish that killing babies during birth is NOT a constitutional right even using Roe as a standard.

29 posted on 02/01/2006 10:00:02 PM PST by bpjam (Now accepting liberal apologies.....)
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To: cgk
PBA's, [as heard from those who perform them (Tiller, et al)], are often performed on girls/women who "don't want a kid right now/can't afford it/forgot, again".

With regard to the health of the mother issue, I agree that it's very uncommon. I'm sticking to my guns that the example mentioned above is a good reason to keep reasonable protections for mom in the law. Not the recommendations that Pelosi, et al made, but reasonable protections.

Also, I'm sticking to my point about fetal abnormality being a significant reason for a very large number of late-term abortions. Most non-invasive anomoly screenings, such as ultrasound aren't done until 18-22 weeks. Again, I'm not saying that it's right, I'm saying that it's a major factor.

30 posted on 02/01/2006 10:12:14 PM PST by gooper
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To: Slump Tester

If a baby has to be about 2/3 born already before you kill it, that is almost the same as giving birth to a live baby. Either way the baby is going to be born alive or dead. I don't see how the proceedure could any way be used to justify protecting the life of the mother. If anyone knows otherwise let me know, but I don't see how a partial birth abortion can save the life of the mother.


31 posted on 02/01/2006 10:18:41 PM PST by old republic
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To: gooper
With regard to the health of the mother issue, I agree that it's very uncommon. I'm sticking to my guns that the example mentioned above is a good reason to keep reasonable protections for mom in the law. Not the recommendations that Pelosi, et al made, but reasonable protections.

Your 'reasonable protections' are anything but reasonable. They are a loophole that is so big you could drive a truck through it....in fact, the existence of that loophole would allow all current abortions to take place.

32 posted on 02/01/2006 10:39:55 PM PST by EternalVigilance (www.usbordersecurity.org)
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To: gooper
Also, I'm sticking to my point about fetal abnormality being a significant reason for a very large number of late-term abortions.

I don't buy it. But even if it were true, it would be a wicked practice, wouldn't you say? Ever known any handicapped kids, gooper?

33 posted on 02/01/2006 10:41:40 PM PST by EternalVigilance (www.usbordersecurity.org)
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To: EternalVigilance

You don't even know what "reasonable protections" I've suggested. I know this, because I haven't enumerated any of them -- frankly, I haven't even considered what they should be other than to say that there should be protections in cases where mom's life is in danger. All I've said is that the stuff Pelosi recommended goes way too far.


34 posted on 02/01/2006 10:45:12 PM PST by gooper
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To: neverdem

People want the life of the mother to be protected. The abortionists want a "health" exemption because the word health can be expanded to mean anything, including "mental health" which can include:"I want to abort my child because I feel like it and I'll be happier once it's aborted. Since I'll be happier, I'll be in better mental health!"


35 posted on 02/01/2006 10:52:36 PM PST by winner3000
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To: EternalVigilance
I'm sticking to my point about fetal abnormality being a significant reason for a very large number of late-term abortions.

I don't buy it. But even if it were true, it would be a wicked practice, wouldn't you say?

I've said as much. It's a brutal practise. I don't support it -- and especially not in cases like the one you were baiting me with, such as retardation and Downs syndrome. But I can definitely empathize with what those parents are going through.

36 posted on 02/01/2006 11:04:44 PM PST by gooper
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To: Mygirlsmom

In the past, the term "health of the mother" has been used by the left when "life of the mother" has been the exception most conservatives are willing to grant. It has already been stated, however, that "health" could include mental health, such as the mother would suffer some mental anguish if she had this baby. It is a loophole left solely for the reason of allowing abortion to continue if a doctor can subscribe any "health" issue to having the baby. Very sad I think, but the right needs to hammer on letting people know that they are willing to protect the mother's life, but need some limits on what they call her "health."


37 posted on 02/01/2006 11:33:29 PM PST by TN4Liberty (Sixty percent of all people understand statistics. The other half are clueless.)
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To: neverdem

FR: ALl abortion, all the time!


38 posted on 02/02/2006 12:12:51 AM PST by MonroeDNA (Look for the union label--on the bat crashing through your windshield!)
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To: cgk
"Unfortunately, exceptions for the LIFE of the mother are very different than exceptions for the HEALTH of the mother. "Health" of the mother can and does include "mental health", which opens up a whole 'nother avenue. "

Ding Ding Ding...We have a winner folks!

They want the "Health" rather than "Life" in there so they can just say "She might be depressed if she has it."

Then they go back to business as usual.
39 posted on 02/02/2006 12:32:55 AM PST by Beagle8U (An "Earth First" kinda guy ( when we finish logging here, we'll start on the other planets.)
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Comment #40 Removed by Moderator


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