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FOX NEWS: SUPREME COURT UPHOLDS PARTIAL BIRTH ABORTION BAN
Fox News Channel ^ | 18 April 2007 | Fox News Channel

Posted on 04/18/2007 7:14:49 AM PDT by Spiff

Edited on 04/18/2007 8:48:59 AM PDT by Lead Moderator. [history]

WASHINGTON — The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench.

The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman's constitutional right to an abortion.


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


TOPICS: Breaking News; News/Current Events
KEYWORDS: abortion; bashrudy; bush; cultureoflife; duncandoughnuts; gop; helphillarywin; infanticide; pba; presidentbush; prolife; republicancongress; rudyisbad; scotus; slamonrudy
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To: Aquinasfan

Praise be to God. Hey, we’re trying down here Big Guy.


201 posted on 04/18/2007 8:02:19 AM PDT by rbmillerjr ("Message to radical jihadis...come to my hood, it's understood ------ it's open season" Stuck Mojo)
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To: xzins
Rudy Giuliani will NOT cut it!

Amen!

202 posted on 04/18/2007 8:02:21 AM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: Spiff
This day, several babies will live, thanks to this SC decision.

I've read that about two thousand partial-birth abortions are performed each year.

203 posted on 04/18/2007 8:03:17 AM PDT by Aquinasfan (When you find "Sola Scriptura" in the Bible, let me know)
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To: dirtboy; Admin Moderator
The Mods know who puts the keywords in.

If they are inappropriate, they know who has done it.

204 posted on 04/18/2007 8:03:24 AM PDT by ohioWfan (PRAY for our President and our troops. NOW more than ever!!.)
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To: Spiff

Great news!


205 posted on 04/18/2007 8:03:40 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: NonValueAdded

The “personhood” of the unborn is not recognized in U.S. law so if the Court is to rule on that basis then U.S. law first needs to change in that regard.

FYI: This Macchiavellian ends-justify-the-means approach to the law inevitably turns around and bites you in the butt when it’s your pet issue on the other side of a ruling..

But I will grant you that the Supremes have so contorted the law in the past 40 years that this is all just tilting at windmills.

PS. A federal government that doesn’t have the power to tell the states to ban a procedure also doesn’t have the power to tell the states to un-ban a procedure...


206 posted on 04/18/2007 8:04:35 AM PDT by AntiGuv ("..I do things for political expediency.." - Sen. John McCain on FOX News)
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To: Spiff
Ruth Bader Ginsburg reaction to todays decision:


207 posted on 04/18/2007 8:04:39 AM PDT by Republican Red (America is our home team, if you don't want to root for the home team then get out of the stadium)
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To: Victoria Delsoul

Outstanding ping.


208 posted on 04/18/2007 8:04:40 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: ohioWfan

THEIR our many of us who have been bashed been called Bushbots ect. I am proud to have been on the right side of this issue with My PRESIDENT.

I love President Bush, and continue to pray, support and encourage him. When the world is against him, he has always been strong and God will bless him and continue to bless our country with this type of decession.


209 posted on 04/18/2007 8:04:47 AM PDT by JFC
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To: NYRepublican72

To reiterate, Casey explicitly rejected the trimester framework. That’s no longer good law on the federal level.

Furthermore, it also changed the standard used for analyzing abortion laws from a stricter standard to the not-as-strict “undue burden” standard. The Court declined to overrule the central holding of Roe, but it did weaken it in that case.


210 posted on 04/18/2007 8:04:57 AM PDT by NinoFan
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To: xzins
I'm not as concerned about whether or not the Veep is pro-life. Sure, there is always the chance that the Veep will have to step in, but it is highly unlikely. As long as the President is strongly pro-life, or at least moderately so, but will appoint strict constructionist judges to the courts, that will work for me.

I frankly don't hold out any hope that abortion will ever be outlawed anywhere in this country again. It's possible that if Roe v Wade is overturned, and it reverts back to the states, there will be states that will severely cut back the opportunity for abortion, but I think it will always be there, at least in the first trimester.

The best I can hope for is that it is limited to REPORTED rape and incest and in the event that the LIFE of the mother is threatened. That is where most folks in this country are right now with regards to abortion anyway. They don't want to seem hard hearted toward a woman in what they perceive as an impossible situation, and they don't like the idea of abortion as back up birth control.

211 posted on 04/18/2007 8:05:25 AM PDT by SuziQ
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To: JFC

Amen to that. This is where the rubber meets the roads when it comes to life issues. I am very please today that Al GVore/John Kerry is not our President.


212 posted on 04/18/2007 8:06:16 AM PDT by ShandaLear (When something is true, one need not lie to prove it.)
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To: JFC
Amen! We have been blessed because President Bush has been obedient to God's call.

And we MUST keep praying for him, and for another choice for the SC. It could turn the tide in this holocaust of the slaughter of the unborn.

213 posted on 04/18/2007 8:07:06 AM PDT by ohioWfan (PRAY for our President and our troops. NOW more than ever!!.)
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To: Spiff
Rudi Giuliani is deeply saddened.
214 posted on 04/18/2007 8:07:14 AM PDT by msnimje (True Conservatives will not support a pro-abortion candidate.)
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To: Spiff
Thank you President Bush!

Thanks to all the Republicans that made this happen.

Outstanding news! 

215 posted on 04/18/2007 8:07:17 AM PDT by scratcher
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To: Spiff

this is why elections matter. we must win in ‘08 to continue the progress.


216 posted on 04/18/2007 8:07:19 AM PDT by philsfan24
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To: Spiff

Hallelujia and amen.


217 posted on 04/18/2007 8:07:24 AM PDT by LadyNavyVet
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To: ConstitutionandFreedom
Which part of the Constitution gives the Federal Government the right to pass abortion legislation?

I believe historically it came about when the Supreme Court found an overwhelming (and overwhelmingly vague!) federal "privacy" right in a birth control sale case. I forget the name of the case at the moment, but Roe depended on it.

218 posted on 04/18/2007 8:07:32 AM PDT by maryz
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To: bcbuster
As much as I want partial birth abortion to be banned, I am having a really hard time seeing how this was an issue for Congress to take up.

The rationale (and the one Ron Paul used to vote for the ban when faced with the same quandry) is that the Supreme Court wrongly federalized the issue of abortion when it decided Roe v. Wade. Therefore, Congress has the right to legislate abortion law and pass laws and initiate legal action to lessen the scope and effect of Roe, only so long as that decision exists.

219 posted on 04/18/2007 8:07:50 AM PDT by Texas Federalist
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To: SuziQ

It’s worth noting that quite a few Democrats voted with the GOP on this one, too. It’s kinda funny how you don’t seem to hear much about that.


220 posted on 04/18/2007 8:07:58 AM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: bcbuster
Disagree .. the Commerce Clause, that oft abused carte blanche, has nothing to do with PBA. The Fifth Amendment is closer on point that "No person shall be ... deprived of life, liberty, or property, without due process of law ..." and that gives Congress the right to define what is that due process or at least set limits. In this law, banning the murder that is PBA, Congress has determined that there is an exceedingly narrow process to justify denying an unborn child its God-given right to life. Murder is not a commerce issue. Period.
221 posted on 04/18/2007 8:08:01 AM PDT by NonValueAdded (Prevent Glo-Ball Warming ... turn out the sun when not in use)
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To: Spiff

Great news!

Will it be enforced?


222 posted on 04/18/2007 8:08:12 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: wagglebee

Wonderful news indeed.

Any comments from RINO Rudy yet?

Bet he’s disappointed.


223 posted on 04/18/2007 8:08:13 AM PDT by Responsibility2nd (Warning. If your tagline is funny... I may steal it.)
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To: dirtboy
From the SCOTUS Blog:

The Court said that it was upholding the law as written -- that is, its facial language. It said that the lawsuits challenging the law should not have been allowed in court "in the first instance." The proper way to make a challenge, if an abortion ban is claimed to harm a woman's right to abortion, is through as as-applied claim, Kennedy wrote. His opinion said that courts could consider such claims "in discrete and well-defined instances" where "a condition has or is likely to occur in which the procedure prohibited by the Act must be used."

224 posted on 04/18/2007 8:08:38 AM PDT by Military family member (GO Colts!!)
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To: Hoodlum91
but great sadness overall.

I heard on the radio that Ginsburg, who wrote the dissent, called the decision "alarming." Does she post over at DU? ;-)

225 posted on 04/18/2007 8:09:13 AM PDT by maryz
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To: Spiff; Txsleuth; snugs; holdonnow

Good news. Bump for later analysis.

And in a reversal of all the 2006 talk, props to those who got out and voted in 2004 to keep John Kerry away from the decision to appoint these SCOTUS judges.


226 posted on 04/18/2007 8:09:54 AM PDT by Christian4Bush (Dennis Miller said it best “Liberals always feel your pain. Unless of course, they caused it.”)
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To: JohnLongIsland

The 1st Infantry Division had a saying in the Second World War: “a step toward Rome is a step toward home”. This decision is a step.


227 posted on 04/18/2007 8:10:20 AM PDT by Mr. Lucky
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To: dirtboy

“So much for the claim by some Rudy boosters that the President can’t impact abortion.”

He can, but ONLY if he has a Republican Congress. No way Bush could have got his nominees through a Democratic Senate. And unless a Republican candidate can win blue or purple states—which Rudy alone can do—there won’t be a Republican Senate. So think about it. Rudy has the potential to win big—and kick Reid and Pelosi off their thrones. No one else has this potential. And by the way, he has promised to nominate justices in the mold of Roberts and Alito, if elected. I believe him. And so does Ted Olson who supports him and who ought to know.


228 posted on 04/18/2007 8:11:08 AM PDT by writeblock
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To: Mr. Lucky
"The 1st Infantry Division had a saying in the Second World War: “a step toward Rome is a step toward home”. This decision is a step." Bingo.
229 posted on 04/18/2007 8:11:22 AM PDT by NinoFan
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To: Swanks
"Some pls do a DU check and kindly report in on the meltdown...."

Here are some of the comments from DUmmyLand.

- "Nope, not good at all.And remember,t here is no such thing as a Partial Birth Abortion!"

- "I think it's just the beginning..."

- "You are exactly right. It is why the choice crowd fought this bill so hard. It is not a very far step to consider all abortions a "partial birth" abortion."

- "This is what you get with the likes of a John Roberts & Sam "Hirohito" Alitio on the court...Two more far right crackpots, who will always side with the far right on any social issue...The Supreme Court is one justice away from being the furthest right court in history, & that is a scary thought..."

- "So will women now have to die when there is a deceased fetus in their wombs? Since there is no such medical procedure as a partial birth abortion, and only Intact dilation and extraction which is often used to remove a dead fetus from the womb, how's that going to happen? Guess the conservative packing of the Supreme Court is working."

- "It's ok with them if women die, just not fetuses. I hate these people."

- "Very bad news. We need to double our work for reproductive rights."

- "American women have no one to blame but themselves for this loss. Many voted for Chimpy and should have realized that he only cares about women if they know their place and are "vessels" for men."

- "I wish I could say I was surprised but I'm not. This was always why 2000 was so important. This is how one man can do so much damage not just in the present, but for many decades to come. Perhaps forever. His cronies delivered for him, didn't they? Did anyone doubt they would?"

- "Here we go: the theocracy express has left the station."

230 posted on 04/18/2007 8:11:36 AM PDT by avacado
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To: pillut48
30+ years of “judgements” like this. Thanks to all who helped elect smirk in 2000.

Oh, you're more than welcome! Any time! :-)

231 posted on 04/18/2007 8:11:48 AM PDT by maryz
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To: wagglebee

Praise be to God.

At small step.


232 posted on 04/18/2007 8:12:19 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: P-Marlowe
I don’t think we have four years to wait . Given the age of stevens and health of Ginsburg one of them could leave at any time. I’ll take my chances with even a lukewarm republican to get it right than with anything a dem would come up with.
233 posted on 04/18/2007 8:12:47 AM PDT by mimaw
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To: Responsibility2nd

Nope. The Rudy Rooters on here seem pretty quiet too.


234 posted on 04/18/2007 8:12:47 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Spiff

Wow. Kennedy didn’t bow to the culture of death. He’s in trouble w/them now.


235 posted on 04/18/2007 8:13:04 AM PDT by sappy
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To: Spiff
I am stunned that SCOTUS would finally show any backbone.

I am such a total cynic from their previous long record of cowardice that I refuse to believe this is anything more than an aberration. Still I’m happy for the result.

236 posted on 04/18/2007 8:13:06 AM PDT by Artemis Webb
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To: All
To ALL GW Bashers - How do you feel now? This only happened because of GW! Thank God for this great man and great president. We are lucky to have him. For those of you that have abandoned him, bash him on FR and stab him in the back, shame on you! GW, a great president that deserves more respect from conservatives and republicans.
237 posted on 04/18/2007 8:13:14 AM PDT by jrooney (The democrats are the friend of our enemy and the enemy of our friends. Attack them, not GW!)
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To: NinoFan

Thanks again. I also just saw this from Justice Thomas’s concurrence via NRO: “I also note that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it.” Which is pretty much what you said before: the federalism issue was not in “play” here.


238 posted on 04/18/2007 8:14:12 AM PDT by sola_fide
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To: dirtboy
That needs to be repeated!

Clinton vetoed the ban (which Rudy supported) and Bush signed it.

239 posted on 04/18/2007 8:14:30 AM PDT by airborne (Freedom is worth fighting for !! And I'm in a fighting mood !! HUNTER 2008 !)
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To: Alissa

More so than Mayor Linguine D-ck, but less so than Ronaldus Magnus.


240 posted on 04/18/2007 8:14:36 AM PDT by Clemenza (NO to Rudy in 2008! New York's Values are NOT America's Values! RUN FRED RUN!)
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To: avacado

Libs.. need to take a step back. Look at the innocent lives we lost this week at Virginia Tech. They need to see we have to let go of the anger and turmoil and rejoice that these UNBORN have a fighting chance at LIFE.

You are either with us or against us. The bible says the seperation will be great and transparent in the end. We are seeing the seperation daily between good and bad. I would hate to be on the wrong side of this when it comes to JUDGEMENT DAY.


241 posted on 04/18/2007 8:14:42 AM PDT by JFC
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To: AntiGuv
Where does the U.S. Constitution give the federal government the power to ban abortions? What’s sad is that this was never even at issue (whether the feds have the power in the first place)

The Fourteenth Amendment, properly understood, prohibits States from depriving any person of life, liberty, or property, without due process of law; and denying to any person within its jurisdiction the equal protection of the laws.

So, your question might be turned around: Where does the U.S. Constitution give the federal government the power to unleash anarchy and death upon whole class of persons by denying them the equal protection of the laws?

Cordially,

242 posted on 04/18/2007 8:14:59 AM PDT by Diamond
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To: Spiff

You know...I am happy about this decision...and I would have loved to join the thread...to celebrate with freepers.

BUT, that snarky comment ABOVE the article about Rudy...

ruins the whole thread.!!

NO THANK YOU!


243 posted on 04/18/2007 8:15:45 AM PDT by Txsleuth (Thompson/Hunter 2008)
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To: NonValueAdded
The Fifth Amendment allows for the death penalty but I would say its a stretch that it creates a right to an abortion.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

244 posted on 04/18/2007 8:15:48 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: dinoparty

How long are you people going to keep spitting out that lie? You’ve already convinced the shallow end of the gene pool. You’re not winning any more converts. Time to find a new conservative-bashing lie.


245 posted on 04/18/2007 8:16:40 AM PDT by WhistlingPastTheGraveyard
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To: Spiff

Thank God!!


246 posted on 04/18/2007 8:16:40 AM PDT by Suzy Quzy (Hillary '08...Her Phoniness is Genuine!!!)
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To: Spiff
Ginsburg said the latest decision "tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists."

When is it necessary and proper to crush the skull of a baby? Justice Ginsberg is a loon.

247 posted on 04/18/2007 8:17:55 AM PDT by Jaded ("I have a mustard- seed; and I am not afraid to use it."- Joseph Ratzinger)
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To: Spiff

YES!!! A baby old enough to qualify for a partial birth abortion is old enough to qualify for the NICU. You don’t have to kill them if the pregnancy really, honestly needs to end.


248 posted on 04/18/2007 8:19:00 AM PDT by ukie55
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To: SuziQ

What the demmies seem to not understand is that the last election’s results were NOT because people were voting FOR them—people were voting AGAINST the do-nothing Republicans!

Hopefully, conservatives have learned from their mistakes (and boy, was it a whopper!!!), and Fred et al will win in a landslide in 2008! :-)


249 posted on 04/18/2007 8:19:10 AM PDT by pillut48 (CJ in TX --Bible Thumper and Proud! RUN, FRED, RUN!!!)
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To: ukie55

I meant *butcher them* not just kill them.


250 posted on 04/18/2007 8:19:58 AM PDT by ukie55
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