Appeals Courts Uphold Abortion Finding

[HomeschoolrsRUs]

BREITBART.COM - Appeals Courts Uphold Abortion Finding (http://www.breitbart.com/news/2006/01/31/D8FFTO604.html)

Jan 31 4:52 PM US/Eastern

By LARRY NEUMEISTER
Associated Press Writer

NEW YORK


Two federal appeals courts on opposite sides of the country declared the Partial Birth Abortion Ban Act unconstitutional Tuesday, saying the measure lacks an exception for cases in which a woman's health is at stake.
The first ruling came from a three-judge panel of the 9th U.S. Circuit Court of Appeals. Hours later, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued a similar decision in a 2-1 ruling.

The New York decision affirmed a 2004 ruling by a judge who upheld the right to perform the procedure even as he described the procedure as "gruesome, brutal, barbaric and uncivilized."

Tuesday's ruling was marked by an unusually sharp dissent by Judge Chester J. Straub, who said he believed Congress' determination that the procedure was never medically necessary to protect a women's health was well founded and supported by a lower court ruling.
"Allowing a physician to destroy a child as long as one toe remains within the mother would place society on the path towards condoning infanticide," he said.


Isn't this issue coming up before the SCOTUS??

[Melz]

I hope so, doesn't it have a better chance now? I think it does, but it will be a telling of the new nominees, that's for sure. The Supreme Court has got to make a statement against abortion finally!

[Warlady]

I believe if it comes before the new court the PBA ban will be found to be constitutional. Both Roberts and Alito are pro-life.

[DoctorDoom]

... the measure lacks an exception for cases in which a woman's health is at stake.That is without a doubt the most asinine, mindless objection ever offered. Consider what a PBA is: the entire living baby, except for the head, is outside the body; the <s>baby-killer</s> abortionist rams a scissors through the baby's soft skull and makes a hole for a vacuum tube that sucks the baby's brain out; the evacuated skull collapses and the head is extracted.

Here's the Big Question for any asshole who makes that objection to the ban: what possible danger to a woman's health would be avoided by that consummately evil form of infanticide? The baby is all but born. Why not finish the birth? Would the health of the female be in peril by delivering the baby alive, but not by killing the baby?

The monsters who raise such objections have sold their souls to hell, and may they not raise a whimper when they discover how dear a price it was.

[DeclinetoState]

Two federal appeals courts on opposite sides of the country declared the Partial Birth Abortion Ban Act unconstitutional Tuesday, saying the measure lacks an exception for cases in which a woman's health is at stake.


Where does the Constitution say anything about protecting a woman's health?

[DoctorDoom]

It's in the same sentence of the 28th Amendment as the the right to murder one's preborn child.