Judge Stops Partial-Birth Abortion Ban (Bush loses law - gains issue)

[papau]

http://www.guardian.co.uk/worldlatest/story/0,1280,-4451596,00.html

Judge Stops Partial-Birth Abortion Ban

Thursday August 26, 2004 6:01 PM


By LARRY NEUMEISTER Associated Press Writer

NEW YORK (AP) - In a highly anticipated ruling, a federal judge found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception.

U.S. District Judge Richard C. Casey in Manhattan said the Supreme Court has made it clear that a law that prohibits the performance of a particular abortion procedure must include an exception to preserve a woman's life and health.

Casey issued the ruling two months after hearing closing arguments in the case.

A San Francisco judge has already declared the 2003 law unconstitutional, and a judge in Lincoln, Neb., is still considering the question. The three judges suspended the ban while they held the trials. <snip>

[rawstory]

1. dupe

but yes, a great victory!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x778495

[Az_lefty]

2. I was under the impression that the ban inlcuded a health exception.

:shrug:

[Pachamama]

3. Wrong....that's what most people in the general public who support a

woman's right to choice yet supported this ban thought......when people get informed of the truth, then they say they are against this ban...

[papau]

4. Nope - Dems wanted one - GOP did not - so no health exemption.

:-)

[Chovexani]

7. Correct me if I'm wrong

But I thought Dilation/Extraction was ONLY done to protect the health of the mother.

I think I remember reading this on NOW or NARAL's site.

[papau]

9. Ethically that is correct - but impossible to prove a negative - GOP

sees inability to prove that every case was health related means there can be no heath exemption.

The court disagrees.

[Pachamama]

5. What a perfect thing! From a NY Court right before the RNC convention

:bounce:

[Catfight]

6. Bush still considered a living women's life less important than a medical

procedure, PLUS let's NEVER forget how they wanted to make public medical records! This is a VERY DANGEROUS administration!

[smirkymonkey]

8. Thank you Judge Casey!

[no_hypocrisy]

10. Two RNC targets: activist judges and trial lawyers who get in the way

of legislative prudence and the "will of the people".

[CO Liberal]

11. About "Will Of The People".....

Slavery, Jim Crow laws, and no rights for women were "will of the people" at one time, until people saw that they were wrong.

[no_hypocrisy]

12. Qualification: until THE CONSTITUTION told them they were wrong . . .