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U.S. judge rules Alabama abortion law unconstitutional
Reuters ^ | 08/04/2014 | Reuters

Posted on 08/04/2014 9:18:33 AM PDT by GIdget2004

A U.S. judge on Monday ruled unconstitutional an Alabama law that threatened to close three of the state's five abortion clinics.

The measure, similar to laws passed by 10 other states, requires doctors who perform abortions to have privileges to admit patients to a nearby hospital.

U.S. District Judge Myron Thompson ruled Alabama's law imposed an undue burden on a woman's ability to choose an abortion.

"The evidence compellingly demonstrates that the requirement would have the striking result of closing three of Alabama's five abortion clinics," the judge wrote.

"The court is convinced that, if this requirement would not ... constitute an impermissible undue burden, then almost no regulation, short of those imposing an outright prohibition on abortion, would," the judge added.

(Excerpt) Read more at reuters.com ...


TOPICS: News/Current Events; US: Alabama
KEYWORDS: abortion; prolife

1 posted on 08/04/2014 9:18:33 AM PDT by GIdget2004
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"Is freedom anything else than the right to live as we wish?
Nothing else."

~Epictetus




God bless this site, this Free Republic.
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2 posted on 08/04/2014 9:20:00 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: GIdget2004

A Jimmy Carter appointee.


3 posted on 08/04/2014 9:20:49 AM PDT by ealgeone (obama, borderof)
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To: GIdget2004

And what would compel the state to obey the vicissitudes of a court system that supports prenatal infanticide, specifically, and moral turpitude in general.


4 posted on 08/04/2014 9:20:56 AM PDT by Westbrook (Children do not divide your love, they multiply it.)
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To: GIdget2004

Come on in! Surgical procedures with no backup in case of complications! It’s your Constitutional Right to die on the table along with your baby!


5 posted on 08/04/2014 9:22:52 AM PDT by alancarp
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To: GIdget2004
So much for the 10th amendment. The states have no rights now, only privilege bestowed upon them by the higher powers in DC.
6 posted on 08/04/2014 9:25:29 AM PDT by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: GIdget2004

Screw the judge. Enforce the law as written.


7 posted on 08/04/2014 9:27:17 AM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: GIdget2004; All
"... imposed an undue burden on a woman's ability to choose an abortion."

The states have never amended the Constitution to expressly protect a woman's so-called right to have an abortion. But as a consequence of parents not making sure that their children are being taught about the reason for constitutionally enumerated rights versus 10th Amendment protected state powers, and also the difference between legislative and judicial powers, activist justices and judges have gotten away with legislating the so-called right to an abortion from the bench.

8 posted on 08/04/2014 9:27:21 AM PDT by Amendment10
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To: GIdget2004

Let’s get it straight Ladies. If abortion is medical care it needs medical precautions. If abortion is like a nail fill then it should not be part of medical coverage.


9 posted on 08/04/2014 9:27:44 AM PDT by jimfree (In November 2016 my 14 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: factoryrat

You know this, but I feel like it should be said. The states still have 10th amendment rights because they can’t be taken away. They’re just having a brain fart and, apparently, have forgotten they still have the right to self government.


10 posted on 08/04/2014 9:30:17 AM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: GIdget2004

“No person shall be deprived of life without due process of law.”

— The Fifth Amendment to the United States Constitution

“No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

— The Fourteenth Amendment to the United States Constitution


11 posted on 08/04/2014 9:32:19 AM PDT by EternalVigilance
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To: GIdget2004

The only way you could justify the logic of this argument is, if it could be proven beyond any doubt that the doctors are being denied admitting privileges purely and solely because they perform abortions.


12 posted on 08/04/2014 9:33:16 AM PDT by HamiltonJay
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To: HamiltonJay

Yep. The ruling is illogical and ideological. It should be ignored.


13 posted on 08/04/2014 9:35:14 AM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: GIdget2004

I have finally determined that I’m a judicial expert. I can tell how a Federal Judge is going to rule about 95% of the time. If a law makes sense, they are going to rule against it.


14 posted on 08/04/2014 9:39:14 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Starstruck

Nice. Your wisdom is easily transferable it seems. Now I know how the SCOTUS will reconcile the the conflicting 0-care rulings.


15 posted on 08/04/2014 9:43:40 AM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: GIdget2004

And the lefties will be out to decry legislating from the bench, right??? Because they have such high esteem for the independence of the court and despise judicial activism. Right?


16 posted on 08/04/2014 10:13:08 AM PDT by Organic Panic
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To: GIdget2004

These judges all want to be emperor


17 posted on 08/04/2014 10:15:20 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: GIdget2004

The judge has issued his ruling, now let’s see him enforce it...


18 posted on 08/04/2014 10:30:55 AM PDT by Hugh the Scot ( Total War)
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To: GIdget2004

Liberty Amendment 3

In order to end judicial tyranny, Levin proposes limiting service to one 12-year term, and granting both Congress and the state legislatures the authority to overturn court decisions with the vote of three-fifths of both houses of Congress or state legislative bodies.

http://www.redstate.com/2013/08/13/mark-levins-liberty-amendments/


19 posted on 08/04/2014 10:35:40 AM PDT by don-o (He will not share His glory and He will NOT be mocked! Blessed be the name of the Lord forever!)
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To: All

The judge has issued his ruling, now let’s see him enforce it...

I’ve always believed that we are a nation of laws and that we respect our courts - no matter what the ruling is. To do otherwise, is to invite anarchy and risk our nation appearing like a third world banana republic.

But we now have a situation where judges are basically legislating from the bench. They’re doing so with little fear of repercussions against them. We are becoming a judgeocracy (I don’t know if the word actually exists- I just came up with it).

It really does beg the question: What if Alabama chose not to obey the judge’s ruling? What could the judge do in terms of the enforcement of his ruling?

Anyone wanna take a stab at this?


20 posted on 08/04/2014 10:50:58 AM PDT by MplsSteve
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To: GIdget2004
More on the Ruling from WAFF/Huntsville:

Judge blasts Huntsville anti-abortion protesters while striking down law

21 posted on 08/04/2014 11:18:20 AM PDT by alancarp
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To: MplsSteve

First off, we (I’m an Alabamian) should appeal the ruling. From what I’m seeing, the ruling had everything to do with access to clinics and nothing to do with the root of the legislation: access to emergency care.

Failing that, I doubt this is something that Gov Bentley would not get into - even if it were 2015 and he’s been re-elected already.


22 posted on 08/04/2014 11:21:31 AM PDT by alancarp
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To: GIdget2004
You know, I wonder if Øbama would actually have the cojones to send in troops if the Alabama governor just decided to ignore this ruling?
23 posted on 08/04/2014 11:58:17 AM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: GIdget2004

There are some federal judges that have gotten too big for their britches.


24 posted on 08/04/2014 7:20:40 PM PDT by Some Fat Guy in L.A. (Still bitterly clinging to rational thought despite it's unfashionability)
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To: alancarp

Also a fellow Alabamian (transplant), and yes, the ruling should be appealed. Legalized abortion is the premeditated, state-sponsored, mass-production murder of human beings, and civilized societies should not allow it.


25 posted on 08/04/2014 9:53:58 PM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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