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Supreme Court to Expand Partial-Birth Abortion Ban Review
LifeSiteNews ^ | 20 June 2006 | John Jalsevac

Posted on 06/19/2006 5:25:40 PM PDT by Aussie Dasher

WASHINGTON, D.C., June 19, 2006 (LifeSiteNews.com) – The Supreme Court is set to revisit a second Bush Administration appeal that seeks to reinstate a ban on partial birth abortion, reports the American Center for Law and Justice (ACLJ).

The ACLJ, which specializes in constitutional law, said it is pleased the Supreme Court has decided to hear the case, which involves the constitutionality of the national ban on partial-birth abortion.

“The Supreme Court took a significant step today that clearly puts the issue of partial-birth abortion front-and-center,” said Jay Sekulow, Chief Counsel of the ACLJ, which litigates pro-life issues. “By taking a second case involving the constitutionality of the national ban on partial-birth abortion, the Supreme Court puts the spotlight on one of the most horrific medical procedures in existence today. The high court not only will determine whether Congress acted appropriately in enacting the ban, but the high court also has a critical opportunity to bring to an end – once and for all – the barbaric practice of partial-birth abortion. Taking a second case clearly elevates one of the most culturally significant issues of our time. The stakes are high and we are very pleased that the Supreme Court now has two opportunities to abolish what can only be described as infanticide.”

In 2000, five justices of the Supreme Court, including retired Justice Sandra Day O'Connor, ruled that the abortion right originally created in Roe v. Wade allows an abortionist to perform a partial-birth abortion any time he sees a 'health' benefit, even if the woman and her unborn baby are entirely healthy. (Stenberg v. Carhart, June 28, 2000). This ruling struck down the ban on partial-birth abortion that had been enacted by Nebraska, and rendered unenforceable the similar bans that more than half the states had enacted.

Nevertheless, in 2003 Congress approved and President Bush signed a national law, the Partial-Birth Abortion Ban Act. When he signed the ban, the President called partial-birth abortion "a terrible form of violence [that] has been directed against children who are inches from birth."

The federal law has faced legal challenges in three different federal circuits, and its enforcement has been blocked by court orders. Federal district courts in all three circuits ruled that the federal law violated the 2000 Supreme Court ruling. In all three cases the adverse judgments were affirmed by the appellate courts.

The ACLJ has filed an amicus brief with the Supreme Court representing 78 members of Congress and more than 320,000 Americans asking the high court to uphold the constitutionality of the national ban on partial-birth abortion in a case out of Nebraska.

In its brief filed in the Nebraska case, the ACLJ asserts: “Partial birth procedures represent the beachhead of this assault on postnatal life, the bridge between abortion and infanticide. Absent strong legal barriers and vigorous societal condemnation, partial birth procedures open the way to legal infanticide.”


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: aclj; babykillers; cultureofdeath; docket; infanticide; partialbirthabortion; pba; pbaban; prolife; review; robertscourt; scotus
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Right now might be a great time for much prayer!
1 posted on 06/19/2006 5:25:43 PM PDT by Aussie Dasher
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To: Aussie Dasher

It'll be the first real look at how Roberts and Alito approach the issue.


2 posted on 06/19/2006 5:29:31 PM PDT by Aetius
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To: Aetius

Yes, they're both about to be put to the test.


3 posted on 06/19/2006 5:30:17 PM PDT by Aussie Dasher (The Great Ronald Reagan & John Paul II - Heaven's Dream Team!)
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To: Aussie Dasher

There is only one type of person who favors the legality of partial birth abortion with full knowledge of what it is.

Monsters.


4 posted on 06/19/2006 5:30:39 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: Aussie Dasher; AKA Elena; Alamo-Girl; Alexander Rubin; Allegra; American Quilter; amom; ...

infant life bump!


5 posted on 06/19/2006 5:35:07 PM PDT by Albion Wilde (Got freedom? Thank a veteran)
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To: Aetius
It'll be the first real look at how Roberts and Alito approach the issue.

Yep. Given Roberts' desire that there be broad agreement (if at all possible), it will be interesting to see how narrow any decision that comes out of this case will be.

6 posted on 06/19/2006 5:35:15 PM PDT by sinkspur (Today, we settled all family business.)
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To: Albion Wilde
Good God in heaven, HELP US........
7 posted on 06/19/2006 5:36:38 PM PDT by rockabyebaby (Say what you feel, those that matter don't mind, those that mind don't matter.)
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To: Aussie Dasher

They need to film the vile proceedure and enter it into evidence.

Shock them into reality.


8 posted on 06/19/2006 5:41:57 PM PDT by TASMANIANRED (The Internet is the samizdat of liberty..)
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To: TASMANIANRED

Absolutely!!!!!


9 posted on 06/19/2006 5:42:54 PM PDT by Aussie Dasher (The Great Ronald Reagan & John Paul II - Heaven's Dream Team!)
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To: Aussie Dasher

The key is what the CINO Kennedy will do.


10 posted on 06/19/2006 5:47:16 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Aussie Dasher

I hope Alito and Roberts comes through.


11 posted on 06/19/2006 5:55:56 PM PDT by tiki
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To: Aussie Dasher
My unceasing prayer will INTENSIFY because of this.

Dear Father, be a presence among those on our Supreme Court that this blight of abortion would soon end. Amen!

12 posted on 06/19/2006 6:06:38 PM PDT by ohioWfan (PROUD Mom of an Iraqi Liberation VET! THANKS, son!!!!)
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To: coconutt2000
I think the only time I've ever been brought to tears by a floor speech by a US Senator, was Rick Santorums presentation a few years back when they were debating the topic. That's when I saw the reality of the "so-called" Partial Birth Abortion murder.

Just no excuse for this in a civilized society

13 posted on 06/19/2006 6:09:13 PM PDT by digger48
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To: digger48

Bump! for the Supreme Court to overturn the 2000 decision.


14 posted on 06/19/2006 6:32:01 PM PDT by Spunky ("Everyone has a freedom of choice, but not of consequences.")
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To: Albion Wilde
"infant life bump!"
At least GWB has tried. Those that do not understand the concept that a tiny living baby perhaps not fully developed but never the less a baby has a right to life, shall someday answer to Him.
15 posted on 06/19/2006 6:45:00 PM PDT by Marine_Uncle (Honor must be earned)
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To: coconutt2000

One of those monsters is Rudy Giuliani.


16 posted on 06/19/2006 6:47:13 PM PDT by Reagan Man (Secure the borders; enforce employer sanctions; stop welfare handouts to illegals)
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To: juliej; Coleus; Tabi Katz; Raquel

ping!!!


17 posted on 06/19/2006 6:49:21 PM PDT by firebrand
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To: Reagan Man

Does Rudy have an updated position on the issue of partial birth abortion, or does he still hold to his "no limits on abortion" stance from the 1990's?


18 posted on 06/19/2006 6:49:38 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: Mo1; Peach

SCOTUS ping


19 posted on 06/19/2006 6:56:12 PM PDT by prairiebreeze (“Double or triple our troubles and we would still be better off than any people on earth.”---Reagan)
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To: prairiebreeze

This will show us what the court is made of.


20 posted on 06/19/2006 7:01:20 PM PDT by Peach (Iraq/AlQaeda relationship http://markeichenlaub.blogspot.com/2006/06/strategic-relationship-between.)
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To: coconutt2000
My research on Rudy Giuliani indicates he is pro-abortion on demand.

“I’m pro-choice. I’m pro-gay rights,” Giuliani said. He was then asked whether he supports a ban on what critics call partial-birth abortions. “No, I have not supported that, and I don’t see my position on that changing,” he responded.
Source: CNN.com, “Inside Politics” Dec 2, 1999

21 posted on 06/19/2006 7:02:04 PM PDT by Reagan Man (Secure the borders; enforce employer sanctions; stop welfare handouts to illegals)
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To: MHGinTN

He voted with the minority (conservatives) last time.


22 posted on 06/19/2006 7:04:50 PM PDT by traderrob6
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To: coconutt2000

Rudy who? The Stoopid Party must understand that you do not run a 'bort.


23 posted on 06/19/2006 7:05:51 PM PDT by don-o
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To: Reagan Man

Yes, I've seen the same quotes.

Is there any indication he's seen the light?

He'd be a disaster of a candidate in '08.


24 posted on 06/19/2006 7:06:36 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: don-o

Rudy can run if he wants to. It is the voters in the primaries who decide which candidate represents the party in the general election.


25 posted on 06/19/2006 7:07:58 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: coconutt2000

Sure he can. But, they ain't THAT stoopid. (I hope) Rudy = Lose.


26 posted on 06/19/2006 7:10:59 PM PDT by don-o
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To: firebrand

Good start. I'm still not sure why some people think tearing a child apart limb by limb is any less barbaric, but hopefully this will pave the way to ban the more common & painful forms of abortion as well.


27 posted on 06/19/2006 7:14:28 PM PDT by Tabi Katz
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To: don-o

I hope you're right, and I believe you are. If Republicans think they can win without social conservatives, they're going to be deeply sorry.


28 posted on 06/19/2006 7:16:12 PM PDT by Tabi Katz
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To: don-o

If Rudy wants a Federal position, he'd best run for Senator. He can win a local election in most of the NE.

I bet he could probably even move to DC and run for mayor, and win.


29 posted on 06/19/2006 7:16:19 PM PDT by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: Aussie Dasher

Good news baby!


30 posted on 06/19/2006 7:31:15 PM PDT by DBeers (†)
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To: Albion Wilde

Thanks for the ping. Just sent a prayer for wise decision-making.


31 posted on 06/19/2006 7:31:31 PM PDT by skr (We cannot play innocents abroad in a world that is not innocent.-- Ronald Reagan)
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To: skr

Amen to that.


32 posted on 06/19/2006 7:52:18 PM PDT by tdewey10 (It's time for the party to return to the principles of President Reagan.)
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To: Aussie Dasher
Right now might be a great time for much prayer!

You hit the nail on the head! PBA is a national disgrace!!Praying .......

33 posted on 06/19/2006 7:59:40 PM PDT by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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To: Albion Wilde

Thanks for the ping!


34 posted on 06/19/2006 8:47:39 PM PDT by Alamo-Girl
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To: Aussie Dasher

I've been watching the neo-Victorian press refer to partial birth abortion this week as "a certain type of late term abortion" as if lengthening the name and giving it a little mystery is going to confuse anyone. They seem embarrassed, like they are not supposed to look at the table leg peeking provocatively from under the tablecloth. It's like, "the rock star formerly known as Prince" because they can't articulate whatever symbol his name became. Partial-birth abortion is the name that dare not be uttered.


35 posted on 06/19/2006 9:03:03 PM PDT by jwalburg (If I have not seen as far as others, it is because of the giants standing on my shoulders.)
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To: Aussie Dasher

Slightly off topic but still on the Supreme Court, I heard somewhere the other day (maybe Rush?) that Justice Stevens may be considering retiring. That would be GREAT NEWS!


36 posted on 06/19/2006 9:03:30 PM PDT by hsalaw
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To: Albion Wilde

BTTT


37 posted on 06/20/2006 3:03:16 AM PDT by E.G.C.
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To: Aussie Dasher; Knitting A Conundrum
Right now might be a great time for much prayer!

Praying with you. Dear Knitting, please put this on your list today: many thanks.

38 posted on 06/20/2006 3:10:29 AM PDT by .30Carbine
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To: ohioWfan

Amen!


39 posted on 06/20/2006 3:12:12 AM PDT by .30Carbine
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To: MHGinTN; Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; ...
"I believe the fetus is conscious," and that the pain during this procedure is "severe and excruciating" to 20-week-old pre-born children.
--Dr. Kanwaljeet Anand, an Oxford and Harvard trained neonatal pediatrician and pain expert.

Illustration of partial-birth abortion performed
at 24 weeks gestational age.

Letter from Anthony P. Levatino, M.D., J.D., former abortionist, explaining that the images shown above "accurately depict" the partial-birth abortion method, and that "the images are size-appropriate to a fetus of approximately 24 weeks gestation." -- March 4, 2003

___________________________________________________

In connection to the scientific fact that life begins at conception, science also proves beyond a doubt that the pre-born child experiences pain at 20 weeks, and at earlier ages as well at differing levels of perception.

This fact was brought out in open US federal court proceedings in 2004. Horrific testimony was entered into the official record each day in three separate federal District Court cases, each filed to stop the Partial Birth Abortion Ban Act of 2003.

Dr. Kanwaljeet Anand, an Oxford and Harvard trained neonatal pediatrician and pain expert testified at the New York federal court hearings on April 13, 2004. Below is an excerpt from WORLD Magazine April 24, 2004 issue. The title of the article was Painfully unaware:

Dr. Anand took the stand in the morning and testified for hours that unborn children can feel pain even more vividly than adults or even infants. He said that by 20 weeks fetuses have developed all the nerve and brain functions to feel pain, but none of the coping mechanisms that help infants and adults to deal with the sensation. According to Dr. Anand's research, handling the fetus in the womb, delivering the child up to its head, slicing open its skull and sucking out the brains would all produce "prolonged and excruciating pain to the fetus."

The evidence for fetal pain is not new-Dr. Anand studied expressions of pain in unborn and neonatal children as early as the 1980s-but the legal argument is novel. Unlike previous legislative attempts to ban partial-birth abortion, Congress used a fetal-pain argument to rally support. If a fetus does feel pain as early as 20 weeks into the pregnancy, it bolsters Congress' ethical argument for banning the procedure. And in the courtroom it humanizes the unborn child in a way that the pro-life legal community has never been able to do. http://www.worldmag.com/displayarticle.cfm?id=8807

The pro-abortion side attempts to lessen the horror of the reality of murdering children in the womb and the terrible pain that these babies endure while being aborted by claiming that late term abortions are rare. But that outright lie is exposed many times over, from around the world.

As reported by The Washington Times, on April 7, 2004, Dr. Anand also testified in federal district court in Lincoln, Nebraska in the suit there to stop the Partial Birth Abortion Ban Act of 2003. Dr. Anand testified that: "I believe the fetus is conscious," and that the pain during this procedure is "severe and excruciating" to 20-week-old pre-born children.

Under cross-examination, Dr. Anand said he believes a less-controversial abortion procedure, known as "dilation and evacuation" (D&E), would cause the same amount of pain to a child. An estimated 140,000 D&Es, the most common method of second-trimester abortion, take place in the United States annually. http://www.washingtontimes.com/functions/print.php?StoryID=20040406-111818-1409r

Below are excerpts from Fr. Frank Pavone’s August 15, 2005 newsletter:

In 1994, an article in the prestigious British medical journal, the Lancet, revealed hormonal stress reactions in the fetus. The article concluded with the recommendation that painkillers be used when surgery is done on the fetus. The authors wrote, "This applies not just to diagnostic and therapeutic procedures on the fetus, but possibly also to termination of pregnancy, especially by surgical techniques involving dismemberment."

In 1991, scientific advisors to the Federal Medical Council in Germany had made a similar recommendation.

In August 2001, Great Britain's Medical Research Council concluded that pain perception may be as early as 20 weeks; other studies place it as early as 10 weeks.

It should be noted that each year in the United States alone, over 18,000 abortions take place at 21 or more weeks of pregnancy.

The Unborn Child Pain Awareness Act has now been introduced in Congress, to inform women having abortions at 20 weeks or more that their baby may feel pain. The legislation deserves our support. It would require that the mother be given the option to provide painkillers to her baby. This is not to justify abortion, but will certainly make many think twice about it. http://www.priestsforlife.org/columns/columns2005/05-08-15unbornpain.htm

40 posted on 06/20/2006 3:53:46 AM PDT by cpforlife.org (A Catholic Respect Life Curriculum is available at KnightsForLife.org)
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To: Albion Wilde; Aussie Dasher
Pinged from Terri JUNE Dailies

8mm

41 posted on 06/20/2006 5:02:58 AM PDT by 8mmMauser (Jezu ufam Tobie...Jesus I trust in Thee)
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To: Reagan Man
Reason all by itself to not give him the nomination.

We have prayed too long and hard to end this holocaust.

42 posted on 06/20/2006 6:21:52 AM PDT by ohioWfan (PROUD Mom of an Iraqi Liberation VET! THANKS, son!!!!)
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To: ohioWfan

Dittos.


43 posted on 06/20/2006 7:01:39 AM PDT by Reagan Man (Secure the borders; enforce employer sanctions; stop welfare handouts to illegals)
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To: tiki

The problem is not going to be Roberts or Alito. The problem is going to be how to get judge #5 to vote against this barbaric killing procedure and who that judge will be. If it is Kennedy it won't be a clear cut decision. Kennedy has been fashioning himself as the swing vote and assuming judicial power that does not belong to him in order to make a name for himself. The crux of the matter will be to break his ego boosting voting practices of late with some commonsense talk probably coming from Roberts.


44 posted on 06/20/2006 9:04:44 AM PDT by conservative blonde (Conservative Blonde)
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To: Albion Wilde

Thanks for the ping, and the opportunity to pray more specifically about this, AW.


45 posted on 06/20/2006 9:10:15 AM PDT by LucyJo
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To: hsalaw

If that should happen it really will hit the judicial fan. I think it has been reported that Stevens is more asleep on the Court than he is awake. But, I don't know if he would dare "retire." He would be blackballed from every liberal group he might belong to. As Ann Coulter says abortion is the holy sacrament of the libs. I think we are going to have to wait until the Good Lord takes one more from the SC in His own way and at His own time.


46 posted on 06/20/2006 9:11:00 AM PDT by conservative blonde (Conservative Blonde)
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To: Aussie Dasher

bttt


47 posted on 06/20/2006 9:14:58 AM PDT by shield (A wise man's heart is at his RIGHT hand; but a fool's heart at his LEFT. Ecc. 10:2)
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To: Aussie Dasher

I'll be watching Kennedy. I think he's going to be the deal maker or breaker, for a while.


48 posted on 06/20/2006 8:52:57 PM PDT by proudpapa (of three.)
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To: coconutt2000

It always struck me as remarkable that a man like Rudy could support abortion on demand. When you are a prosecutor, you are trying to get justice for victims. We have all made mistakes in our lives, but that he has not - to the best of my knowledge - changed his position is incomprehensible to me.


49 posted on 06/26/2006 10:42:00 AM PDT by juliej (juliej)
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To: coconutt2000

It always struck me as remarkable that a man like Rudy could support abortion on demand. When you are a prosecutor, you are trying to get justice for victims. We have all made mistakes in our lives, but that he has not - to the best of my knowledge - changed his position is incomprehensible to me.


50 posted on 06/26/2006 10:42:08 AM PDT by juliej (juliej)
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