Posted on 10/29/2019 4:23:31 PM PDT by Morgana
Alabama's near-total abortion ban blocked by federal judge
By Kate Smith
October 29, 2019 / 3:25 PM / CBS News
Alabama's near-total ban on abortion has just been blocked from implementation. The ban, dubbed the "Human Life Protection Act," was set to take effect on November 15.
A federal judge issued a preliminary injunction against the ban on Tuesday morning, effectively halting the law from taking effect while the lawsuit challenging the ban continues.
Steve Marshall, Alabama's attorney general, said the decision "was not unexpected," noting that the point of the law was to potentially overturn Roe v. Wade, the 1973 Supreme Court decision that legalized abortion nationwide.
"As we have stated before, the State's objective is to advance our case to the U.S. Supreme Court where we intend to submit evidence that supports our argument that Roe and Casey were wrongly decided and that the Constitution does not prohibit states from protecting unborn children from abortion," Marshall said in a statement emailed to CBS News Tuesday afternoon.
Planned Parenthood praised the judge's ruling. "This is not only a victory for the people of Alabama it's a victory for the entire nation," said Staci Fox, president and CEO of Planned Parenthood Southeast, in a statement emailed to CBS News. "We said it from the start: this ban is blatantly unconstitutional and we will fight it every step of the way."
(Excerpt) Read more at cbsnews.com ...
I would prefer to see the ridiculous notion that it’s within the powers and scope of the Supreme Court or any part of the Judicial branch of government to create “laws” like Roe v. Wade out of whole cloth challenged.
Nevertheless the people of Alabama are fighting the good fight.
Myron Thompson. Another Jimmy Carter gift that keeps on giving.
So much for the 10th amendment
Under Article 3 Section 4 of the Constitution, judges can assume the powers of any other branch of government at their own discretion.
Lol I see what you did there.
Under Article 3 Section 4 of the Constitution, judges can assume the powers of any other branch of government at their own discretion.
Section 1.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers and consuls;—to all cases of admiralty and maritime jurisdiction;—to controversies to which the United States shall be a party;—to controversies between two or more states;—between a state and citizens of another state;—between citizens of different states;—between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3.
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
=O=O=WHAT ARE YOUR LOOKING FOR, MAYBE SECTION 4 ??? =O=O=
This gives new meaning to “hangin judge”.
Yuck! Abortion is awful. It's hard to make jokes about it, even though in most cases the best humor is usually jokes based on truth.
Black judge famous for liberal rulings over and over
May she rot in hell, where she belongs!
jmho
Vile.
“Planned Parenthood founded on racism, belief in protecting society against ‘the unfit’”
https://www.washingtontimes.com/news/2017/apr/23/margaret-sanger-founded-planned-parenthood-on-raci/
Amazing we never see any of these black robed tyrants APPROVE.
The tree of liberty is dying of thirst!
The MURDER of the most innocent and helpless among the populace, our unborn, is not only a victory for the people of Alabama.... it’s a victory for the entire nation.
There.... fixed it.
This nation appears to be overrun with wickedness, especially those in high places.
This REPUBLIC can only exist for a morale and upright people.
Jimmy Carter was the gift that keeps on giving.
Judges were never meant to be so powerful that they could thwart the will of a state by themselves.
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.