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Government Vows to Defend New Abortion Law

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  • Government Vows to Defend New Abortion Law

    This is a very sensitive topic and I need to lay out some rules:

    1. Everyone will respect others opinions.
    2. There will be no name calling.
    3. No arguing.
    4. Use common sense.

    If you have a problem with one of the rules above, you WILL NOT post here. If you do, I will request that your post be removed by one of the moderators.

    Ok, now for the discussion. Read the article and tell whether you think it should be a law or not and why.

    NEW YORK (Nov. 7) - The government promised to defend a new law banning certain late-term abortions, despite rulings by three federal judges who blocked its enforcement so legal challenges - which they concluded would likely succeed - can go forward.

    Federal judges in New York and California blocked the law Thursday, a day after it was signed by President Bush. The rulings likely prevent enforcement of the ban nationwide until a challenge to its constitutionality can be heard.

    The Justice Department said in a statement that it ''will continue to strongly defend the law prohibiting partial birth abortions using every resource necessary.''

    Judge Richard Casey in Manhattan suspended the effect of the law for 10 days, saying he expected an association of abortion providers in the United States and Canada and seven doctors will succeed in their challenge. The National Abortion Federation says its members perform half of abortions nationwide.

    Later in the day, U.S. District Judge Phyllis Hamilton in San Francisco ruled the law appears unconstitutional because it provides no exemptions for a woman's health, mirroring the reasons cited by the other judges and affecting doctors at 900 Planned Parenthood clinics nationwide.

    The two rulings together cover a majority of the abortion providers in the United States.

    On Wednesday, less than an hour after Bush signed the law, a federal judge in Nebraska made a similar ruling that covers four abortion doctors licensed in 13 states across the Midwest and East.

    It cited arguments it made in court papers that Congress considered testimony over an eight-year period, including physicians who ''uniformly agreed that a partial-birth abortion is never necessary to advance the health or life of women.''

    Casey noted in his three-page order granting a temporary restraining order that a government lawyer told him at a Wednesday hearing that the medical community remains divided over the issue and that Congress did not reach a consensus.

    He said the position left him with no choice but to ''conclude that it is substantially likely'' that the law will be found unconstitutional.

    Douglas Johnson, a spokesman for the National Right to Life Committee, said the New York judge's ruling was ''not surprising but it is distressing.''

    ABC News "This Week" host George Stephanopoulos lends his veteran savvy to answer your political questions.

    ''It means that partly born babies will continue to die at the point of 7-inch scissors,'' he said. ''Certainly these judicial orders severely impede the government's ability to protect these premature infants.''

    The new law outlaws a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed, usually by puncturing its skull. Anti-abortion activists call the procedure ''partial-birth abortion.'' President Clinton had twice vetoed similar bills.

    Opponents of the law say it is overly broad, lacks any exemption for the health of a woman and could outlaw several safe and common procedures. They also contended it is the first step in a larger campaign to ban all abortions and undo Roe v. Wade, the Supreme Court's 1973 landmark decision establishing a woman's right to an abortion.

    Abortion-rights advocates expect a showdown over the new law with the Bush administration at the U.S. Supreme Court.

    Anthony Romero, executive director of the American Civil Liberties Union, which argued the case in New York, said the ACLU was ''enormously gratified but not surprised that that law appears now to be unconstitutional.''

    ACLU attorney Talcott Camp said the organization got calls from worried physicians after the law took effect Wednesday without court rulings immediately nullifying its effect.

    Camp said they ''were indeed panicked at the prospect of having to face criminal prosecution for providing the absolute best medical care they can.''

    The law imposes a two-year prison sentence on doctors.

    ''We're awfully glad to be able to protect women all over the country against this dangerous, inappropriate intrusion by the government into their private, medical decision,'' she said.

    The rulings Thursday brought relief, though ''we were confident that this law would be temporarily enjoined because it is so obviously dangerous and unconstitutional,'' she said.

    Camp said it ''would be quite troubling indeed if the Justice Department attempted to enforce'' the ban while the challenges were pending.

    11-07-03 1008EST

    Abortion is wrong. PERIOD. Any abortion should be a felony, even if the person was raped, no one said you have to keep the baby. It is just plain wrong.

  • #2
    I just have a small favor...

    since Airlnrguy has hit "submit" twice, ther are two topics. could everyone just NOT reply to this one and reply to the other, since there won't be two topics about the same thing to keep track of? Just reply in the other topic, and we *may* be able to converse....

    Thank You...

    For the unusually thick (I'm not pointing fingers)


    Thank You!