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Court gives legal victory to abortion foes
Yahoo ^

Posted on 06/09/2006 4:57:30 PM PDT by Sub-Driver

Court gives legal victory to abortion foes 12 minutes ago

A U.S. appeals court handed a legal victory on Friday to medical groups working on behalf of health-care providers who refuse to offer abortion services.

The decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals allows private groups of health care providers to partner with the U.S. federal government to defend the federal Weldon Amendment from a lawsuit brought against it by California Attorney General Bill Lockyer.

The Weldon Amendment, which Lockyer says is unconstitutional, prevents federal, state and local governments from receiving federal funds if they discriminate against health-care providers that refuse to offer abortion services.

The court's decision allows the Alliance for Catholic Health Care and the Medical Groups, which represents health organizations opposed to abortion under nearly all circumstances, to work with the Bush administration to defend the rights of health-care providers opposed to abortion.

California's health code may be construed to require abortions in emergencies to preserve the life or health of a patient, so the state is challenging the Weldon Amendment to prevent the loss of federal funds in those cases.

The panel ruled the two health-care groups should be allowed to intervene in the lawsuit because, if the Weldon Amendment is declared unconstitutional, they may be forced to choose between their beliefs and losing medical licenses.

"Congress passed the Weldon Amendment precisely to keep doctors who have moral qualms about performing abortions from being put to the hard choice of acting in conformity with their beliefs, or risking imprisonment or loss of professional livelihood," Judge Alex Kozinski wrote for the panel.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: 9thcircuit; abortion; alexkozinski; freedom; kozinski; prolife

1 posted on 06/09/2006 4:57:31 PM PDT by Sub-Driver
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To: Sub-Driver

The 9th Circus!? Doh!


2 posted on 06/09/2006 4:58:11 PM PDT by Kenny Bunkport (Left's reaction to "GODLESS": "They haven't hated a book this much since the Bible." (pissant))
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To: Sub-Driver

9th circuit......okay....


3 posted on 06/09/2006 4:58:32 PM PDT by jess35
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To: Sub-Driver
The 9th circuit?!??!

Did I read that wrong?

Did I slip into an alternate universe here?
4 posted on 06/09/2006 5:03:46 PM PDT by MAexile (Bats left, votes right)
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To: Sub-Driver
As the previous posts state. The 9th circuit finally delivers a verdict with common sense.
5 posted on 06/09/2006 5:07:02 PM PDT by rocksblues (Liberals will stop at nothing.)
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To: Sub-Driver

A three judge panel. Must have gotten two good judges. Toss of the dice.


6 posted on 06/09/2006 5:07:25 PM PDT by Jeff Chandler (Build the fence. Sí, Se Puede!)
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To: MAexile

Maybe the three judge panel is made up of those crazy uncles everyone else would be keeping in the closet. Itr's the only explanation for the 9th following the law rather than the dictates of the left.


7 posted on 06/09/2006 5:11:36 PM PDT by Oldpuppymax (Sad but true)
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To: Sub-Driver
Court gives legal victory to abortion foes

Foes, eh? What about 'archenemies' or 'diabolical villains?'

Holy health of the mother ruse, Batman! The abortion foes are back!

Na na na na-na na na na...
8 posted on 06/09/2006 5:13:35 PM PDT by Das Outsider (Since I don't know the answer, go to a website.)
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To: Sub-Driver

Will Lockyer do us all the favor of bringing this to the USSC?

Wouldn't it be grand to have this affirmed there?


9 posted on 06/09/2006 5:16:25 PM PDT by G Larry (Only strict constructionists on the Supreme Court!)
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To: Sub-Driver
Only with abortion do liberals believe medical professionals have no right to profess their conscience. The killing of the unborn takes precedence over the right of those who take an oath to preserve human life to refrain from the practice.

(Denny Crane: "Every one should carry a gun strapped to their waist. We need more - not less guns.")

10 posted on 06/09/2006 5:19:27 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Sub-Driver
As is typical of most things spewed by the MSM, this is a poorly written article that is devoid of information needed to form an educated opinion one way or the other. Oh, Reuters, go figure...

If doctors who are morally opposed to abortion state so as a condition of their employment, they certainly should not be penalized for refusing to perform abortions.

If hospitals or clinics do not perform abortions as a matter of policy, and publicly state so, then they should not be penalized.

If a hospital does not exclude abortion as a matter of policy, but the only doctor(s) that they make available refuse to do so, then there is a problem. Either the doctor or hospital is liable, depending on circumstance.

Now, (with acknowledgment that I may be out to lunch based on a poorly written article), if a doctor accepts employment with the reasonable expectation by his employer that he will perform abortions when medically necessary, and subsequently refuses to do so on moral grounds, then he should be dismissed immediately based on the fact that he defrauded his employer.
11 posted on 06/09/2006 5:20:43 PM PDT by SilentServiceCPO
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To: MAexile
I read this article to my husband and he reminded me of the doctors who refused to be involved in something re: the death penalty in California. Does anyone know what happened with that?

I think California IS sometimes an alternate universe.

12 posted on 06/09/2006 5:22:33 PM PDT by Tuscaloosa Goldfinch (good fences make good neighbors!)
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To: Oldpuppymax
Maybe the three judge panel is made up of those crazy uncles everyone else would be keeping in the closet. Itr's the only explanation for the 9th following the law rather than the dictates of the left.

How about this, impostors. The Bush administration has secretly replaced key members of the 9th circuit with Karl Rove selected look alikes.

Are the tin foil hat types at DU on to this yet?

13 posted on 06/09/2006 5:24:14 PM PDT by MAexile (Bats left, votes right)
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To: Sub-Driver

The 9th Circuit?? I'd say Hell had frozen, but I was there the other day (MI) and it was pretty warm.


14 posted on 06/09/2006 5:25:10 PM PDT by Kieri (Dump "Dangerously Incompetent" Debbie, Support Keith Butler for Senate)
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To: G Larry
Will Lockyer do us all the favor of bringing this to the USSC? Wouldn't it be grand to have this affirmed there?

I wonder if it is not vital to the survival of our country?

If you were God, how long would you tolerate a country that, by law, demands health professionals to kill "the least of these, my children"?

15 posted on 06/09/2006 5:35:39 PM PDT by maine-iac7 (Lincoln: "...but you can't fool all of the people all of the time.")
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To: maine-iac7

I don't really get the whole argument , like so much of the pro death crowds thinking no logic is applied ...

Pregnancy is not a disease or something to be cured , it is a natural and necessary state for the continuance of the species... it requires no immediate medical care.. I have seen women squat in the rice fields of Bukidnon, have a baby and go back to work after a short siesta.

Terminating a pregnancy for any reason other than the life of the mother or to avoid serious life threatening health complications is just selfish... I am "pro choice" , however I believe the choice should be made before putting yourself in the position where you may become pregnant ,,, NOT AFTER!!


16 posted on 06/09/2006 7:23:55 PM PDT by Neidermeyer
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