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Old 04-18-2007
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Supreme Court upholds Partial Birth Abortion Ban

My Way News - Court Backs Ban on Abortion Procedure

My first impression of this is that it may be another nail in the coffin of the GOP's 2008 election hopes.

This is a massive wakeup call to Pro-Choice Republicans, that the anti-abortion plank is not just there to get enough votes to pass tax cuts, it's really there and these guys are really on the Supreme Court.

I'd say the Democrats just picked up 5 points in the Womens vote.
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Old 04-18-2007
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Supreme Court Upholds Ban on Partial-Birth Abortion

Fairly big news:

Quote:
US top court upholds law banning some abortions

WASHINGTON, April 18 (Reuters) - A closely divided U.S. Supreme Court on Wednesday upheld the first nationwide ban on a specific abortion procedure, restricting abortion rights in a ruling on one of the nation's most divisive and politically charged issues.

By a 5-4 vote, the high court rejected two challenges to the Partial-Birth Abortion Ban Act that President George W. Bush signed into law in 2003 after its approval by the Republican-led U.S. Congress.

The decision marked the first time the nation's high court has upheld a federal law banning a specific abortion procedure since its landmark Roe v. Wade ruling in 1973 that women have a basic constitutional right to abortion.

In a defeat for abortion rights advocates, the court's conservative majority with two Bush appointees upheld the law adopted after nine years of hearings and debate. The law has never been enforced because of court challenges.

The majority opinion written by Justice Anthony Kennedy rejected arguments the law must be struck down because it imposes an undue burden on a woman's right to abortion, it is too vague or too broad and fails to provide an exception for abortions to protect the health of a pregnant woman.

The court's four most liberal members -- Justices Ruth Bader Ginsburg, John Paul Stevens, David Souter and Stephen Breyer -- dissented.

...

The upheld law makes it a crime for a doctor to perform an abortion when the "entire fetal head" or "any part of the fetal trunk past the navel" is outside the woman's uterus.

The procedure, which often occurs in the second trimester of pregnancy, is known medically as intact dilation and extraction.

UPDATE 2-US top court upholds law banning some abortions | News | Bonds News | Reuters
Commentary: The description of the procedure (see above) seems to be fairly narrowly defined. It is notably not a ban on abortions past a certain period of pregnancy, but a ban a (particularly brutal and disturbing) method of abortion. I, personally, support the decision.
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Old 04-18-2007
3.14 3.14 is offline
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Re: Abortion - is it murder or not?

Finally, some progress in the courtroom. One of the most gruesome and appalling methods of abortion has been banned by the court.

Quote:

Court backs ban on abortion procedure - Yahoo! News

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.

The opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," Justice Anthony Kennedy wrote in the majority opinion.

The administration defended the law as drawing a bright line between abortion and infanticide.

... ...

It was the first time the court banned a specific procedure in a case over how — not whether — to perform an abortion.

Abortion rights groups as well as the leading association of obstetricians and gynecologists have said the procedure sometimes is the safest for a woman. They also said that such a ruling could threaten most abortions after 12 weeks of pregnancy, although government lawyers and others who favor the ban said there are alternate, more widely used procedures that remain legal.

The outcome is likely to spur efforts at the state level to place more restrictions on abortions.

"I applaud the Court for its ruling today, and my hope is that it sets the stage for further progress in the fight to ensure our nation's laws respect the sanctity of unborn human life," said Rep. John Boehner (news, bio, voting record) of Ohio, Republican leader in the House of Representatives.

Said Eve Gartner of the Planned Parenthood Federation of America: "This ruling flies in the face of 30 years of Supreme Court precedent and the best interest of women's health and safety. ... This ruling tells women that politicians, not doctors, will make their health care decisions for them." She had argued that point before the justices.

More than 1 million abortions are performed in the United States each year, according to recent statistics. Nearly 90 percent of those occur in the first 12 weeks of pregnancy, and are not affected by Wednesday's ruling.

Six federal courts have said the law that was in focus Wednesday is an impermissible restriction on a woman's constitutional right to an abortion.

The law bans a method of ending a pregnancy, rather than limiting when an abortion can be performed.

"Today's decision is alarming," Justice Ruth Bader Ginsburg wrote in dissent. She said the ruling "refuses to take ... seriously" previous Supreme Court decisions on abortion.

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."

She was joined by Justices Stephen Breyer, David Souter and John Paul Stevens.

The procedure at issue involves partially removing the fetus intact from a woman's uterus, then crushing or cutting its skull to complete the abortion.
Good to know I am not the only one horrifed enough to outlaw such practices.
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Old 04-18-2007
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Re: Supreme Court Upholds Ban on Partial-Birth Abortion

Until we can nail down a point where the baby becomes a person (therefore protected by the Constitution) we will always have this argument.

NOTE: I am pro-choice.
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Old 04-18-2007
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Re: Supreme Court Upholds Ban on Partial-Birth Abortion

Quote:
Originally Posted by Dilettante View Post
...
It is notably not a ban on abortions past a certain period of pregnancy, but a ban a (particularly brutal and disturbing) method of abortion. I, personally, support the decision.
???

Abortion IS brutal. It is intended to kill a fetus. Period. I don't understand why you think this method is particularly more brutal than say, a D&C or Suction Aspiration whereby the killing of the fetus is done inutero. The brutality and the result are identical!

MOST people are averse to partial birth not because it is more brutal but because it is more commonly performed later in the pregnancy. A D&C can be performed quite early.

Your logic is faulty.

And for this reason alone do I believe that the complete ban is wrong. Just like millions of other people, you equate "partial birth" with killing a full term baby. This is not necessarily the case.
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Old 04-18-2007
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Re: Supreme Court upholds Partial Birth Abortion Ban

This is an interesting precedent. I will be watching to see how it goes.
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Old 04-18-2007
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Re: Abortion - is it murder or not?

Quote:
Originally Posted by Pi Jiu View Post
Finally, some progress in the courtroom. One of the most gruesome and appalling methods of abortion has been banned by the court.



Good to know I am not the only one horrifed enough to outlaw such practices.
And, yet, abortion remains legal.

You won the battle, but you'll lose the war...
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Old 04-18-2007
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Re: Supreme Court upholds Partial Birth Abortion Ban

Quote:
Originally Posted by goober View Post
My Way News - Court Backs Ban on Abortion Procedure

My first impression of this is that it may be another nail in the coffin of the GOP's 2008 election hopes.

This is a massive wakeup call to Pro-Choice Republicans, that the anti-abortion plank is not just there to get enough votes to pass tax cuts, it's really there and these guys are really on the Supreme Court.

I'd say the Democrats just picked up 5 points in the Womens vote.
I haven't had a chance to check this out yet, but at first glance I have to say this is a good thing.

However,

I am puzzled as to why you think this is another nail in the coffin of the GOP. as far as I know, it was the republicans (consetrvatives) who were in favor of this. I thought, as a liberal, that I was going against the grain of the Liberal agenda. I suspect that comparatively speaking,there are very few Pro-Choice Repubicans
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Old 04-18-2007
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Dilettante Dilettante is offline
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Re: Supreme Court Upholds Ban on Partial-Birth Abortion

Quote:
Originally Posted by JHC View Post
MOST people are averse to partial birth not because it is more brutal but because it is more commonly performed later in the pregnancy. A D&C can be performed quite early.

Your logic is faulty.

And for this reason alone do I believe that the complete ban is wrong. Just like millions of other people, you equate "partial birth" with killing a full term baby. This is not necessarily the case.
Whoa there!
What logic is faulty? Where did I even attempt to employ logic? I made an observation about the nature of the law and said I agreed with the court decision. How can my logic be faulty?
And where did I equate "'partial birth' with killing a full term baby"?
Kindly don't toss me in with "millions of other people" just so you can label me!

Brutality is, admittedly, subjective. I would say that there is something especially brutal and disturbing about the doctor looking directly at the fetus'/baby's head and then plunging a sharp instrament into it.

I support the decision because it bans a procedure in which the fetus/baby is half-way out of the women before being killed and is then removed the rest of the way. It's not like the women is avoiding the birth procedure here.
They might as well remove it without stabbing it.
If it really isn't viable, it'll die and the result is the same as an abortion.
If it is viable and can live outside the womb, then thank goodness we didn't stab it in the head!
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Old 04-18-2007
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Re: Supreme Court upholds Partial Birth Abortion Ban

Quote:
Originally Posted by goober View Post
My Way News - Court Backs Ban on Abortion Procedure

My first impression of this is that it may be another nail in the coffin of the GOP's 2008 election hopes.

This is a massive wakeup call to Pro-Choice Republicans, that the anti-abortion plank is not just there to get enough votes to pass tax cuts, it's really there and these guys are really on the Supreme Court.

I'd say the Democrats just picked up 5 points in the Womens vote.
I'm also confused as to why you think this is bad for the GOP.

As far as I know, the ban was supported by a slight majority of the population in general, and nothing rallies the base on the Right like the issue of abortion.
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Old 04-18-2007
steveox steveox is offline
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Re: Supreme Court upholds Partial Birth Abortion Ban

But the POPE Makes the Rules of the church. Dont Be suprised if those catholic judges get refused to get served during communion mass. Cause Preist must follow the Popes Orders is not to serve communion during mass if any politican or judge supports abortion. So if Justice Roberts,Scalia,Thomas and Altio are all Catholics that means if they attend mass the preist must tell them to step aside if they serve it anyway the pope shal fire the preist.
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Old 04-18-2007
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Re: Supreme Court upholds Partial Birth Abortion Ban

I think Goober is implying this may deepen the inherent split in the GOP between big business/fiscal conservative republicans and the bible belt/moral majority faction that has been swelling republican ranks since the time of the civil rights and voting rights acts.

Republicans are facing the same issues that used to plague democrats back when these people were "dixiecrats". Reagan succesfully galvanized these voters without actually delivering on any of their interests so there was no conflict for old line republicans. But w has come through with some supreme court appointments and makes the right noises on creationism in the science class/gay marriage type issues. That means republicans who lean toward civil freedom or libertrian views will have a more difficult choice to make in 2008.
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Old 04-18-2007
3.14 3.14 is offline
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Re: Abortion - is it murder or not?

Quote:
Originally Posted by Steve View Post
And, yet, abortion remains legal.

You won the battle, but you'll lose the war...
Step by step. Wars are not won in a day, but this is definitely positive news.
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Old 04-18-2007
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Re: Abortion - is it murder or not?

Quote:
Originally Posted by Pi Jiu View Post
Step by step. Wars are not won in a day, but this is definitely positive news.
It's also no big surprise.

Abortion will never be made illegal. Never...
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Old 04-18-2007
3.14 3.14 is offline
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Re: Abortion - is it murder or not?

Quote:
Originally Posted by Steve View Post
Abortion will never be made illegal. Never...
But, you can't back that statement up now, can you?
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