Judge stops partial-birth abortion law

[rawstory]

From the liberal Drudge, http://rawstory.com

(AP) NEW YORK - 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.

http://story.news.yahoo.com/news?tmpl=story2&u=/ap/20040826/ap_on_re_us/partial_birth_abortion

[cspiguy]

1. yes! this will definitely help JFK.

and strike down another */ashcroft limit on freedom.

[GreatScott]

7. Did Kerry and Edwards both vote against the ban on PBA?

[napi21]

2. Isn't this the Dist. court that usually rules for the Pub position?

Where does this go now? Appelate court? or SCOTUS?

[dr.strangelove]

3. Goes to the 2nd Circuit now and

Southern and Eastern New York Federal Districts are pretty liberal courts.

[Bill McBlueState]

4. some would argue that

some would argue that the law banning late-term abortions was designed to fail -- while it's a good thing that the law is being overturned, it will only fire up the anti-choice base with their "judicial activism" theme.

[OilemFirchen]

5. Perhaps so.

But it's been done before and the anti-choicers got no mileage out of it. Remember that the USSC ruled the previous legislation unconstitutional on the same grounds. If they wanna argue (again) that the Rehnquist Court are judicial activists, let 'em. After a while it's white noise to the general public (who, BTW, support a constitutionally-required health exception).

[WhereIsMyFreedom]

8. We can counter with the real anti-choice position

If you can't save the baby, let the mother and baby die!

[Endangered Specie]

6. Score one for the pro-choice crowd.

:)

[fudge stripe cookays]

9. Thank God. One piece of good news!

I'm going to a training session at Planned Parenthood tonight. This will be great news to talk about with everyone!

Good going, Judge Casey!
FSC