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Appeals Court Overrules Virginia Late-Term Abortion Ban
AP ^ | 6/3/05 | Larry O'Dell

Posted on 06/03/2005 4:59:00 PM PDT by Crackingham

A Virginia law banning a type of late-term abortion is unconstitutional because it lacks an exception to protect a woman's health, a divided federal appeals court ruled Friday. The decision by a three-judge panel of the 4th U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Richard L. Williams of Richmond.

The Center for Reproductive Rights challenged a law passed by the 2003 Virginia General Assembly that bans a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed. Anti-abortion activists call the procedure "partial-birth abortion." The Virginia statute called it "partial-birth infanticide."

Williams blocked enforcement of the Virginia law on July 1, 2003, the day it went into effect, calling it a "no-brain case." Six months later, he granted the plaintiffs' motion for summary judgment and declared the law unconstitutional.

The Supreme Court struck down a similar Nebraska law in 2000 because it did not contain a health exception, the appeals court noted.

"Because the Virginia Act does not contain an exception for circumstance when the banned abortion procedures are necessary to preserve a woman's health, we affirm the summary judgment order declaring the Act unconstitutional on its face," Judge M. Blane Michael wrote in the majority opinion, which was joined by Judge Diana Gribbon Motz.

Judge Paul V. Niemeyer said in a scathing dissent that the Virginia statute differs substantially from the Nebraska law because it makes it a crime to kill a "human infant who has been born alive, but who has not been completely extracted or expelled from its mother."

Niemeyer wrote: "The majority's opinion is a bold, new law that, in essence, constitutionalizes infanticide of a most gruesome nature."

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Philosophy; US: Virginia
KEYWORDS: 4thcircuit; abortion; judicialtyranny; lateterm; partialbirth; ruling
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1 posted on 06/03/2005 4:59:02 PM PDT by Crackingham
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To: Crackingham
This is the sort of ruling that proves that Liberalism is antithetical to the very concept of Civilization.

Once we get the world back in order we really do have to seize these people and incarcerate them for the remainder of their natural lives.

They are simply too dangerous to be left free.

2 posted on 06/03/2005 5:03:28 PM PDT by muawiyah (q)
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To: muawiyah

we really do have to seize these people and incarcerate them for the remainder of their natural lives.

Actually, for the murder of 44 million, keeping them alive
really isn't an option, I think a pair of foreceps driven
into the back of their skulls would be some how appropriate.


3 posted on 06/03/2005 5:10:52 PM PDT 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: tet68

You have no idea how I intend to incarcerate them. It comes under the prohibition of "cruel and unusual punishment" in our Constitution.


4 posted on 06/03/2005 5:11:58 PM PDT by muawiyah (q)
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To: Crackingham
American the beautiful. The land of the free where we've murdered millions, some by half-delivering them then wickedly mutilating their brains before throwing them away into plastic bags.

We've worshiped the god of freedom and ignored the God of creation. No wonder some areas of the world want no part of "democracy". This is what it gets you - a bunch of Godless narcissists. I don't blame them.

5 posted on 06/03/2005 5:11:59 PM PDT by AAABEST (Kyrie eleison - Christe eleison †)
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To: Crackingham

Both Clinton appointees - what a shock.


6 posted on 06/03/2005 5:13:23 PM PDT by facedown (Armed in the Heartland)
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To: Crackingham
I have a copy of the Constitution in my bookcase...read it all the time...have not yet seen the "Woman's Health Exemption from Murder Charges" section yet.

Can someone direct me to that?

7 posted on 06/03/2005 5:13:39 PM PDT by Regulator (More Babblespeak from the Death Cult)
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To: AAABEST
You know that Nazi judge in Chicago whose mother and husband got whacked would have us imprisoned for making these sorts of criticisms of federal judges.

That's one of the reasons I want to keep these people around for awhile after they are incarcerated. They're all a bunch of totalitarians not worthy to sit in the seats of judgment of this great country.

8 posted on 06/03/2005 5:14:02 PM PDT by muawiyah (q)
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To: muawiyah
Gosh, what else is new? It's the case, evidently, that to the political Left a free people has no business deciding matters of conscience for itself. All such serious matters, you see, are better left for liberal judges to decide. The people be damned; the representatives of the people be damned, too.

The fascist mindset of these people is breathtaking.

9 posted on 06/03/2005 5:31:30 PM PDT by Reactionary
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To: Crackingham
Judge Paul V. Niemeyer said in a scathing dissent that the Virginia statute differs substantially from the Nebraska law because it makes it a crime to kill a "human infant who has been born alive, but who has not been completely extracted or expelled from its mother."

Niemeyer wrote: "The majority's opinion is a bold, new law that, in essence, constitutionalizes infanticide of a most gruesome nature."

They have now moved from the realm of activism to anti constitutional fascism declaring human beings fair game for murder after birth. Disgusting.

10 posted on 06/03/2005 5:36:05 PM PDT by jwalsh07
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To: Crackingham

The District Court Judge said this was a "no brain" case, yet the three-judge panel drawn from the 4th Circuit Court of Appeals was split 2 to 1. Not quite a "no brain" case.

With a split decision, this will undoubtedly be appealed to the entire 4th Circuit. Then, assuming our side comes up short, we will appeal it to the U.S. Supreme Court. (If we win with the entire 4th Circuit, the other side might not appeal, so as not to provide the opporunity which I will describe below.)

By this time in the future, it is possible that other Circuit Courts will have ruled on this issue, possibly some differently from others. Also, by this time, President Bush will have nominated a successor not simply for Chief Justice Renquist (a conservative), but also for at least one of the moderate or liberal justices on the Supreme Court, tilting the balance on the Court to the right.

In looking at this case, the Supreme Court would be able to consider afresh the principles laid down in Roe v. Wade, and partly amended in Casey.

This is why we've been playing the game all these years.

Let me give this a little historical perspective. Following the Dred Scott decision, Abraham Lincoln said that he believed the decision to be wrong, and would seek to overturn it, in the course of time, through the political process. This would take decades. But, the political process would have been infinitely better than the alternative. Lincoln also said that until Dred Scott was overturned, it was the law of the land, and as such he would abide by it.

Being as we are now this close in our quest, let me just say, fellows, we are not going to fail for not going the remaining distance.


11 posted on 06/03/2005 5:37:26 PM PDT by Redmen4ever
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To: Crackingham
"Williams blocked enforcement of the Virginia law on July 1, 2003, the day it went into effect, calling it a "no-brain case."

Sounds like they got the right guy for the job then.

12 posted on 06/03/2005 5:39:17 PM PDT by BigBobCA
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To: Reactionary

Its not simply a matter of conscience, it's a matter of constitutionality now. They violate the 14th Amendment. Killing a baby postnatally is murder, pure and simple. They should be impeached and jailed.


13 posted on 06/03/2005 5:39:26 PM PDT by jwalsh07
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To: muawiyah
You know that Nazi judge in Chicago whose mother and husband got whacked would have us imprisoned for making these sorts of criticisms of federal judges.

What makes her a Nazi? And what evidence do you have that she would imprison you for criticizing federal judges?

14 posted on 06/03/2005 5:39:32 PM PDT by sinkspur (If you want unconditional love with skin, and hair and a warm nose, get a shelter dog.)
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To: tet68; muawiyah

So exactly how many people are the two of you talking about incarcerating and/or killing?


15 posted on 06/03/2005 5:42:59 PM PDT by Melas (Really does live in Texas)
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To: Melas

I don't wish to kill anyone.


16 posted on 06/03/2005 5:44:33 PM PDT by muawiyah (q)
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To: sinkspur
The evidence that she's a Nazi is that she originally gave that bunch of neo-Nazis a FAVORABLE RULING.

The government appealed the decision and won at the appellate level. They ordered her to deliver a reversed ruling to the folks who decided she was no longer a good servant.

Did you think she was some kind of Liberal or something? ROTFLMAO.

17 posted on 06/03/2005 5:46:02 PM PDT by muawiyah (q)
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To: muawiyah
That's one of the reasons I want to keep these people around for awhile after they are incarcerated. They're all a bunch of totalitarians not worthy to sit in the seats of judgment of this great country

That's exactly what I don't understand about you. You see totalitarian streak in some, I repeat some liberals, but you fail to see that you're exactly the same. When you start talking about killing and gulags for liberals (aka anyone who disagrees with you) you're no different at all.

18 posted on 06/03/2005 5:46:33 PM PDT by Melas (Really does live in Texas)
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To: muawiyah

For clarity, the incarcerating was directed at you, and the killing bit was directed at tet68. I combined my response to both you.


19 posted on 06/03/2005 5:47:44 PM PDT by Melas (Really does live in Texas)
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To: Melas

Less than 44 million.


20 posted on 06/03/2005 5:48:27 PM PDT 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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