Judges in NY, California block partial birth abortion law

[La_Serpiente]

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20031107/ap_on_re_us/abortion_lawsuit&cid=519&ncid=716

Judges in N.Y., Calif. Block Abortion Law

SAN FRANCISCO - The legal attack against a new ban on certain late-term abortions rapidly escalated Thursday as federal judges in New York and California blocked the law, delivering a major setback to President Bush (news - web sites) only a day after he signed the measure.

The ruling by the San Francisco judge affects doctors who work at 900 Planned Parenthood (news - web sites) clinics nationwide. The decision and the ruling in New York hours earlier together cover a majority of the abortion providers in the United States.

<snip>

U.S. District Judge Phyllis Hamilton of San Francisco ruled the law appears unconstitutional because it provides no exemptions for a woman's health. The basis for her ruling essentially mirrors the reasons cited by the other judges.

Hamilton called the new law "an undue burden on a woman's right to choose."

But Justice Department attorney Anthony Coppolino told Hamilton that "Congress' judgment should prevail" and that the law should not be stricken "because you disagree."
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Umm....I thought the Judicacl branch was supposed to interpret the law and decide if it Constitutional or not?

[funkyflathead]

1. This is the problem

There are activists judges on both sides who will not look at the constitutionality of the law.

They are either for it or against it and their personal beliefs get in the way.

[stopbush]

2. The no-rights-for-women crowd were ready for this

and see it as a win-win.

If the "endangering women's lives" amendment is upheld, then Roe v Wade is under full frontal assault. If it's stricken down, they have a wedge issue to solidfy their wacko base.