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Idaho law banning abortions after 20 weeks ruled unconstitutional
LA Times ^ | 3/7/2013 | Kim Murphy

Posted on 03/07/2013 5:17:53 PM PST by Domandred

A federal judge has struck down an Idaho law prohibiting abortions after 20 weeks, ruling that the so-called fetal pain law violates U.S. Supreme Court prohibitions against unduly impeding a woman’s ability to seek an abortion before her fetus is able to live outside the womb.

U.S. District Judge B. Lynn Winmill in Boise declared the 2011 law -- similar to limits adopted in at least seven other states -- to be unconstitutional in a ruling that took the Idaho Legislature to task for acting against the advice of its own attorney general.

“The Idaho Legislature’s enactment of the [fetal pain law] in light of this opinion is compelling evidence of the legislature’s ‘improper purpose’ in enacting it,” Winmill, an appointee of Bill Clinton, wrote in an opinion late Wednesday.

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


TOPICS: Culture/Society; US: Idaho
KEYWORDS: abortion; federal; idaho
Came here to read the commentary on this news today but didn't see any articles posted. So here we go...

Federal Judge (in Boise) decides Idaho law is unconstitutional.

According to the article this marks the first time a Federal judge has stuck down such a law. Idaho's is not the only state with an after 20 week ban on abortions.

1 posted on 03/07/2013 5:17:55 PM PST by Domandred
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To: Domandred

One state, just one state where they will outlaw this abomination and I will move there.


2 posted on 03/07/2013 5:23:20 PM PST by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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To: Domandred

From http://www.id.uscourts.gov/history/Winmillbio.htm

“Judge Winmill was nominated to the United States Senate on May 24, 1995, and confirmed on August 11, 1995. He was appointed a United States District Judge for the District of Idaho by President William J. Clinton on August 14, 1995, and entered on duty on August 16, 1995.

He graduated from Idaho State University in 1974 and from Harvard Law School in 1977.”

To sum up: A Clinton nominee AND a Harvard Marxist.


3 posted on 03/07/2013 5:24:04 PM PST by vikingd00d (chown -R us ./base)
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To: Domandred

How long is 20 weeks? Would that be 5 months?


4 posted on 03/07/2013 5:27:18 PM PST by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: Domandred

The libertarian position is that abortion is no one’s business at any stage, other than the woman’s, end of discussion.

Conservative’s are fighting this issue while the pro-abortion team is wearing two different uniforms and double teaming us.


5 posted on 03/07/2013 5:28:02 PM PST by ansel12 (Romney is a longtime supporter of homosexualizing the Boy Scouts (and the military).)
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To: Ouchthatonehurt
One state, just one state where they will outlaw this abomination and I will move there.

None can outlaw it -- until Roe v Wade is reversed. For now, freedom of access to abortion is the law of the land.

For the time being, all that can be done at the state level is to try and put restrictions on the practice.

6 posted on 03/07/2013 5:31:43 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: Domandred

“The Idaho Legislature’s enactment of the [fetal pain law] in light of this opinion is compelling evidence of the legislature’s ‘improper purpose’ in enacting it,”

The purpose of the legislature is not the purview of
the judge. Are they tasked with making law or is it
to be all federal law, all the time?


7 posted on 03/07/2013 5:31:49 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Domandred

did this court explain where in the Constitution it says murdering babies is okay?


8 posted on 03/07/2013 5:32:11 PM PST by GeronL (http://asspos.blogspot.com)
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To: GeronL

It’s right before the clause that allows for drone striking friends having coffee, and after the sporting and hunting use clause for owning a gun. At least that’s how libs read it.


9 posted on 03/07/2013 5:36:37 PM PST by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: Domandred
i fail to find abortion anywhere in the constitution... but the 2nd Amendment in the Bill of RIGHTS can be terminated like an aborted one day shy of birth fetus
10 posted on 03/07/2013 5:37:02 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: Domandred

You know, I would really hate to see a leftist interpretation of the Constitution, probably be 100 pages long and a lot of “..but it’s okay when liberals do it”


11 posted on 03/07/2013 5:39:26 PM PST by GeronL (http://asspos.blogspot.com)
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To: gunsequalfreedom

Close, it’s about 4.6 months.


12 posted on 03/07/2013 5:41:42 PM PST by Seaplaner (Never give in. Never give in. Never...except to convictions of honour and good sense. W. Churchill)
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To: Domandred

I live for the day when we finally give the Supreme Court the “Shove it up your smelly Obama” one finger reply that it so thoroughly deserves.


13 posted on 03/07/2013 5:44:21 PM PST by Da Coyote
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To: Domandred

Clinton judge.


Winmill, B. Lynn Born 1952 in Blackfoot, ID

Federal Judicial Service:
Judge, U.S. District Court, District of Idaho
Nominated by William J. Clinton on May 24, 1995, to a seat vacated by Harold L. Ryan. Confirmed by the Senate on August 11, 1995, and received commission on August 14, 1995. Served as chief judge, 1999-present.

Education:
Idaho State University, B.A., 1974
Harvard Law School, J.D., 1977

Professional Career:
Private practice, Denver, Colorado, 1977-1979
Private practice, Pocatello, Idaho, 1979-1987
Judge, Sixth Judicial District Court, State of Idaho, 1987-1995
Adjunct professor, Idaho State University, 1991-1995


14 posted on 03/07/2013 5:57:46 PM PST by fieldmarshaldj (Resist We Much)
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To: fieldmarshaldj
Clinton judge.

Now Obozo has 4 more years to appoint USSC justices, federal judges and prosecutors. What God given and Constitutional rights are safe?

15 posted on 03/07/2013 6:07:09 PM PST by Alaska Wolf (I)
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To: Domandred
Read the article about this murdering moron.

She killed her kid and put him on in a box and left him outside on the BBQ.

The article says the "fetus" had "hair and fingernails.." as if to say well, almost a human but not quite! Still just one of those pesky fetuses!

She took abortion inducing drugs and delivered a dead child.

So the defense attorney got her butt off the hook.

But the truth that even she knows is she killed her child.

Her current children should be taken into protective custody and she should be locked up as a menace to them and as punishment for what she did.

16 posted on 03/07/2013 6:09:04 PM PST by Regulator
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To: Seaplaner

Saying a baby is 4.6 months makes the baby sound much older than when it is stated as 20 weeks.

Thinking about it further, that’s half way to full term. Wow, they abort babies that are half way to term? Are you sure about that?

What does a baby at 4.6 months look like?

I went to the article and they did not show the baby. Why didn’t the newspaper show a picture of the baby?


17 posted on 03/07/2013 6:23:34 PM PST by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: Domandred

I think the founders made a mistake in naming it “The Supreme Court”... Only the Supreme Being can have a Supreme Court. Why not just call it ‘The Federal Court’....because isnt that what it is—like it or not since the President nominates the judges? If anything most of them are Supreme idiots and leftist hacks.


18 posted on 03/07/2013 6:32:11 PM PST by tflabo (Truth or Tyranny)
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To: ansel12

I’m libertarian and I’m pro - life so I’m calling BS on you.

If you really want to know whose damaged the pro life movement look in the mirror. You supported Akin.


19 posted on 03/07/2013 6:38:26 PM PST by Blackirish (Forward Comrades!!!!!!!!!)
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To: Domandred

“Gun (People) Control” is also unconstitutional but that doesn’t seem to bother the commies on the far left.


20 posted on 03/07/2013 7:23:08 PM PST by FlingWingFlyer (Progressive, Marxist liberals do not evolve, they morph into fascists.)
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To: Blackirish

Sorry fool, you can claim any silliness that you want but it doesn’t change the libertarian position on abortion, and that stupid remark on Akin made no sense at all, in any way.


21 posted on 03/07/2013 7:24:24 PM PST by ansel12 (Romney is a longtime supporter of homosexualizing the Boy Scouts (and the military).)
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To: gunsequalfreedom

I can tell you what a baby looks like at 23 weeks. I have a neighbor whose 3 year old daughter was born at 23 weeks as were another neighbor’s 3 year old twin granddaughters.


22 posted on 03/07/2013 7:47:16 PM PST by redangus
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To: Blackirish

How is he declaring the libertarian position on abortion? Isn’t the abortion issue highly debated among libertarians? Rand Paul is a libertarian and pro-life.

Don’t understand the demonization of all libertarians on this board.


23 posted on 03/07/2013 7:48:36 PM PST by HawkHogan
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To: Domandred

This makes me sick to my stomach. I just saw the ultrasound of my unborn grandson today, at about 20 weeks. He is already more of a man than this so called judge will every be.


24 posted on 03/07/2013 8:09:41 PM PST by IAGeezer912 (One out of every 20 people on the face of the earth are Americans. We have won life's lottery.)
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To: redangus

Not my pregnacy. The words were already on the picture when I found it on the internet.

Amazing how life like the baby looks at 18 weeks.

25 posted on 03/07/2013 8:25:16 PM PST by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: HawkHogan
How is he declaring the libertarian position on abortion? Isn’t the abortion issue highly debated among libertarians? Rand Paul is a libertarian and pro-life.
Don’t understand the demonization of all libertarians on this board.

Simple: people with a libertarian streak won't bend over and vote for the likes of Holy GOPe anointed Romney (next it might be Jeb Bush).

26 posted on 03/07/2013 8:28:53 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Regulator

Yes. I read the article and she’s evil. ...in the true biblical meaning of the word. She not only murdered her own baby she left the little body out on the porch. Then she fought for the “right” of other woman to do the same.


27 posted on 03/07/2013 9:28:21 PM PST by Blackirish (Forward Comrades!!!!!!!!!)
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To: Regulator

The comment section of the article is disturbing also. The left needing to use the word fetus instead if baby...aruing over semantics to ease their consciences.


28 posted on 03/07/2013 9:31:24 PM PST by Blackirish (Forward Comrades!!!!!!!!!)
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To: Blackirish
ease their consciences

What consciences? Leftists are without moral fiber or a conscience.

29 posted on 03/07/2013 9:37:11 PM PST by Alaska Wolf (I)
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To: gunsequalfreedom
Why didn’t the newspaper show a picture of the baby?

That would tell the truth: it's not a "fetus", or a "mass of tissue".

It's a human. A baby.

Defenseless and dead.

So much for "Liberal compassion" for "those who have no voice".

30 posted on 03/08/2013 9:46:01 AM PST by Regulator
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