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-   -   Nebraska Judge: Abortion Ban Unconstitutional (http://www.chiefsplanet.com/BB/showthread.php?t=97880)

DaKCMan AP 09-08-2004 08:57 AM

Nebraska Judge: Abortion Ban Unconstitutional
 
Neb. Judge: Abortion Ban Unconstitutional

By KEVIN O'HANLON, Associated Press Writer

LINCOLN, Neb. - A federal judge on Wednesday ruled the Partial-Birth Abortion Ban Act unconstitutional because it does not include a health exception for the woman.

The ruling by U.S. District Judge Richard Kopf of Lincoln followed similar decisions earlier in two other cases.

The abortion ban was signed last year by President Bush (news - web sites) but was not enforced because judges in Lincoln, New York and San Francisco agreed to hear evidence in three simultaneous non-jury trials on whether it violates the Constitution.

The rulings are expected to be appealed to the Supreme Court.

The federal law bars a procedure doctors call "intact dilation and extraction," or D&X, and opponents call partial-birth abortion.

During the procedure, generally performed in the second trimester, a fetus is partially removed from the womb and its skull is punctured or crushed.

The Nebraska lawsuit was filed by New York-based Center for Reproductive Rights on behalf of abortion provider Dr. LeRoy Carhart and three other physicians. Carhart earlier brought a challenge that eventually led the U.S. Supreme Court (news - web sites) in 2000 to overturn a similar abortion ban that was adopted by Nebraska lawmakers.

Carhart and his lawyers said the federal law is vague and could be interpreted as covering more common, less controversial procedures, including "dilatation and evacuation."

Known as D&E, it is the most common method of second-trimester abortion.

The ban was seen by abortion rights activists as a fundamental departure from the Supreme Court's 1973 precedent in Roe v. Wade (news - web sites). It shifted the debate from a woman's right to choose and focused on the plight of the fetus.

Abortion rights advocates said the law was the government's first step toward outlawing abortion.

A total of 1.3 million abortions are performed in the United States each year. Almost 90 percent occur in the first trimester.

An estimated 140,000 D&Es take place in the United States annually, compared with an estimated 2,200 to 5,000 D&X procedures.

Abortion rights supporters argued that a woman's health during an abortion is more important than how the fetus is terminated. They said the banned method is often a safer solution than a conventional abortion, in which the fetus is dismembered in the womb and then removed in pieces.

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

In June, U.S. District Judge Phyllis Hamilton in San Francisco also found the law unconstitutional, saying it "poses an undue burden on a woman's right to choose an abortion."

http://story.news.yahoo.com/news?tmp...rtion_trials_2

HC_Chief 09-08-2004 09:02 AM

Quote:

During the procedure, generally performed in the second trimester, a fetus is partially removed from the womb and its skull is punctured or crushed.
Disgusting, barbaric, inhumane, downright EVIL act. :grr:

KCFalcon59 09-08-2004 09:18 AM

Quote:

Originally Posted by DaKCMan AP
A federal judge on Wednesday ruled the Partial-Birth Abortion Ban Act unconstitutional

Quote:

Disgusting, barbaric, inhumane, downright EVIL act.

The same goes for the judge.

Cochise 09-08-2004 09:21 AM

Hooray for judicial activism :shake:

DaKCMan AP 09-08-2004 09:22 AM

Quote:

Originally Posted by DaKCMan AP
A federal judge on Wednesday ruled the Partial-Birth Abortion Ban Act unconstitutional because it does not include a health exception for the woman.


BCD 09-08-2004 09:28 AM

WTF cares?! Partial-birth abortion is straight up phuqin murder! This shit needs to be banned!

DaKCMan AP 09-08-2004 09:29 AM

Quote:

Originally Posted by BigChiefDave
WTF cares?! Partial-birth abortion is straight up phuqin murder! This shit needs to be banned!

If complications happen and it comes to aborting the baby or the woman dies and the law says the baby cannot be aborted causing the woman to die -- isn't that murder?

Cochise 09-08-2004 09:30 AM



Can you name a circumstance where partial birth abortion is needed to save the mother's life?

KCTitus 09-08-2004 09:37 AM

Wouldnt it be safer for all involved if the fetus was delivered and destroyed after it's out of the womb?

ZepSinger 09-08-2004 09:42 AM

Quote:

Originally Posted by DaKCMan AP
If complications happen and it comes to aborting the baby or the woman dies and the law says the baby cannot be aborted causing the woman to die -- isn't that murder?

"With all that modern medicine has to offer, partial-birth abortions are not needed to save the life of the mother, and the procedure’s impact on a woman’s cervix can put future pregnancies at risk."

Former Surgeon General C. Everett Koop, M.D. Letter to the Editor The New York Times, September 26, 1996

"Most partial-birth abortions are performed on healthy mothers with healthy babies," and "there is no obstetrical situation that requires the willful destruction of a partially delivered baby to protect the life, health or future of a woman."

Nancy Romer, M.D., Curtis Cook, M.D., Pamela Smith, M.D. and Joseph DeCook, M.D. Letter to the Editor The Wall Street Journal, October 14, 1996

Mr. Kotter 09-08-2004 09:45 AM

Quote:

Originally Posted by Cochise
Can you name a circumstance where partial birth abortion is needed to save the mother's life?

No. He can't. :shake:

Saulbadguy 09-08-2004 09:46 AM

Quote:

Originally Posted by Cochise
Can you name a circumstance where partial birth abortion is needed to save the mother's life?

Haven't you seen Aliens?

HC_Chief 09-08-2004 09:47 AM

Quote:

Originally Posted by Saulbadguy
Haven't you seen Aliens?

hehehe :D

htismaqe 09-08-2004 09:57 AM

Quote:

Originally Posted by KCTitus
Wouldnt it be safer for all involved if the fetus was delivered and destroyed after it's out of the womb?

Now now. That's murder.

Cochise 09-08-2004 10:01 AM

Quote:

Originally Posted by htismaqe
Now now. That's murder.

Yeah, as long as it's still hanging at least one toe inside then it's not murder. :shake:


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