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Abortion ban based on heartbeat rejected by appeals court (AR)
Associated Press ^ | May 27, 2015 3:40 PM EDT | Allen Reed

Posted on 05/27/2015 12:54:33 PM PDT by Olog-hai

A federal appeals court struck down one of the nation’s toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat.

The 8th U.S. Circuit Court of Appeals sided with doctors who challenged the law, ruling that abortion restrictions must be based on a fetus’ ability to live outside the womb, not the presence of a fetal heartbeat that can be detected weeks earlier. The court said that standard was established by previous U.S. Supreme Court rulings.

The ruling upholds a decision of a federal judge in Arkansas who struck down the 2013 law before it could take effect, shortly after legislators approved the change. But the federal judge left in place other parts of the law that required doctors to tell women if a fetal heartbeat was present; the appeals court also kept those elements in place. …

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: Arkansas
KEYWORDS: 2016election; abortion; appealscourt; arkansas; babykillers; deathpanels; election2016; heartbeat; homosexualagenda; libertarians; medicalmarijuana; mikehuckabee; obamacare; zerocare
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1 posted on 05/27/2015 12:54:33 PM PDT by Olog-hai
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To: Olog-hai

More judicial murderers.


2 posted on 05/27/2015 12:56:45 PM PDT by onedoug
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To: Olog-hai
The 8th U.S. Circuit Court of Appeals sided with doctors who challenged the law, ruling that abortion restrictions must be based on a fetus’ ability to live outside the womb

An infant is unable to survive on it's own outside of the womb even after brought to full term (9-months gestation).

It still must be fed and provided with warmth, etc. It's not like a puppy. It's not mobile for many months.

3 posted on 05/27/2015 12:58:03 PM PDT by a fool in paradise (Funny how Hollywood's 'No Nukes' crowd has been silent during Obama's Iranian nuclear negotiations.)
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To: Olog-hai
The court said that standard was established by previous U.S. Supreme Court rulings.

Selective precedent. I guess marriage has NEVER before been established as a man and a woman.

4 posted on 05/27/2015 12:58:35 PM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: Olog-hai

More validation for the fans of genocide. In a just world, these people would be forced to perform retroactive abortions on themselves.


5 posted on 05/27/2015 1:00:25 PM PDT by lormand (Inside every liberal is a dung slinging monkey)
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To: Olog-hai; All
"A federal appeals court struck down one of the nation’s toughest abortion restrictions on Wednesday,"

The federal appeal court is wrongly ignoring that the states have never amended the Constitution to expressly protect abortion as a right. The so-called “right” to have an abortion was wrongly legislated from the bench by activist justices. And thug justices got away with doing so because many generations of parents have not been making sure that their children are being taught about 10th Amendment-protected state powers versus constitutionally unprotected “rights.”

6 posted on 05/27/2015 1:02:34 PM PDT by Amendment10
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To: a fool in paradise

What about the elderly who can’t live without assistance? Can we just off them, too?


7 posted on 05/27/2015 1:07:09 PM PDT by ilovesarah2012
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To: Olog-hai; wagglebee

Completely predictable. In fact, I predicted it.

The legislation was unconstitutional, but not for the reason this lawless court said so. It was unconstitutional because the constitutional criteria for protection is whether or not they’re a human being, a person, not whether or not some instrument can read a nascent heartbeat.

Just stop the killing, all of it, and if some judge doesn’t like it, tell them to go to hell. And then impeach and remove them for violating the most important obligation of their oath of office, which is to provide equal protection for the supreme right of every innocent person.


8 posted on 05/27/2015 1:08:37 PM PDT by EternalVigilance
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To: ilovesarah2012
Invalids, comatose, and the mentally impaired are on the healthcare rationing list. Just as they were in the early days of NAZI Germany.
9 posted on 05/27/2015 1:09:20 PM PDT by a fool in paradise (Funny how Hollywood's 'No Nukes' crowd has been silent during Obama's Iranian nuclear negotiations.)
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To: lormand

A baby is viewed by the left as a negative consequence of a behavior that is deemed immoral (outside of marriage) by the Judeo-Christian value system,

and therefore the left INSISTS that this consequence be negated.


10 posted on 05/27/2015 1:12:17 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: ilovesarah2012

Soon. Very soon.


11 posted on 05/27/2015 1:14:55 PM PDT by WhistlingPastTheGraveyard (The greatest trick the Soviets ever pulled was convincing the world they didn't exist.)
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To: Olog-hai

Roe v. Wade - the Truth

Abortion did not start in America, it is mentioned in the Bible. And even making it legal did not start in America, but how America goes so goes the world. Therefore the landmark case of Roe v. Wade should be marked as the pin that changed the world.

How did Justice Harry Blackmun, who wrote the majority opinion in the most controversial Supreme Court decision in history, Roe v. Wade, divine the right to abortion from the 14th Amendment’s supposed “right to privacy,” when there simply is no right to privacy in the 14th Amendment or anywhere else in the Constitution?

Let’s pause for a moment on Roe v. Wade – a decision that opened the door to over 40 million abortions. If we’re exploring how and why judges feel perfectly justified in ignoring the Constitution’s original intent, let’s consider one illuminating little story involving Blackmun, the hero of Roe v. Wade, and his pregnant daughter.

In March 2004, when Blackmun’s private papers were finally released to the public decades after the momentous 1973 Roe decision, his daughter, Sally Blackmun, revealed something remarkable.

Talking to Womens Enews, Sally Blackmun disclosed for the first time that her father consulted with members of his family after being assigned responsibility for writing the majority opinion on Roe v. Wade.

“Roe was a case that Dad struggled with,” Blackmun told the feminist news service. “It was a case that he asked his daughters’ and wife’s opinion about.”

Most pertinent among those opinions would have been Sally’s. Seven years before Roe v. Wade, while she was a 19-year-old sophomore at Skidmore College in Saratoga Springs, N.Y., Sally Blackmun discovered she was pregnant.

“It was one of those things I was not at all proud of, that I was not at all pleased with myself about. It was a big disappointment to my parents,” she told Womens Enews. “I did what so many young women of my era did. I quit college and married my 20-year-old college boyfriend. It was a decision that I might have made differently had Roe v. Wade been around.”

Shortly after the wedding, Sally Blackmun lost her child to a miscarriage. Although it took six years to complete her graduation requirements, she questions whether she would have graduated at all had her child been born. Getting pregnant had caused a major dent in the life she had planned. In those same six years, her hastily formed marriage collapsed. By then it was 1972 – the same year her father sought her input on Roe.

http://www.unitypublishing.com/Government/Roe%20v.%20Wade%20-%20the%20Truth.htm


12 posted on 05/27/2015 1:17:17 PM PDT by ilovesarah2012
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To: Olog-hai

Ironic Roe v. Wade was allegedly based on our “right to privacy” when we actually have no privacy these days.


13 posted on 05/27/2015 1:18:02 PM PDT by ilovesarah2012
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To: EternalVigilance

After the SHTF, and it will, Make judges like this accountable for crimes against humanity when they will not have their own evil to cover for them.

Just like the tribunals after the great wars held criminals of those wars to account, so too can the government that forms after liberals finish destroying America.


14 posted on 05/27/2015 1:27:43 PM PDT by Norm Lenhart
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To: ilovesarah2012
Abortion did not start in America, it is mentioned in the Bible. And even making it legal did not start in America, but how America goes so goes the world …
I knew that abortion did not start with Roe versus Wade. Soviet Russia was, IIRC, the first state (loosely-termed) to legalize abortion on demand in the 20th Century, back in 1920. But what got things going in the so-called “West” was the UK’s 1967 Abortion Act.
15 posted on 05/27/2015 1:27:48 PM PDT by Olog-hai
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To: Olog-hai

I don’t need the Feds to monitor my body.

Eff this!


16 posted on 05/27/2015 1:30:45 PM PDT by austinaero
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To: austinaero

Maybe I do considering I posted on the wrong thread. Sorry, my bad.

Nevermind.


17 posted on 05/27/2015 1:31:49 PM PDT by austinaero
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To: austinaero

You get monitored either way ;)


18 posted on 05/27/2015 1:33:21 PM PDT by Norm Lenhart
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To: Olog-hai

I did not know abortion was mentioned in the bible.


19 posted on 05/27/2015 1:41:20 PM PDT by ilovesarah2012
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To: a fool in paradise
An infant is unable to survive on it's own outside of the womb...

Birth is an arbitrary timeframe. It merely is the time when the size of the human baby optimally fits the physical path of birth. If woman were typically larger, perhaps pregnancy would last a year; if woman were smaller, perhaps pregnancy would last 4 months. In both of those cases, I'd surmise the baby would be different to make life after birth most viable.

What is NOT an arbitrary timeframe is conception, the start of new life.

Thus, abortion is based on a relatively arbitrary and hazy timeframe, while the pro-life view of conception is like the difference between night and day.

20 posted on 05/27/2015 1:56:12 PM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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