Second ruling against ban on barbaric abortion method reveals judicial tyranny

MANHATTAN, NEW YORK — Operation Rescue West strongly condemns today’s ruling by U.S. District Judge Richard C. Casey who ruled that the Partial Birth Abortion Ban Act passed by Congress last year is “unconstitutional” because it does not provide a “health” exception.

Casey’s decision is the second opinion issued out of three cases filed challenging the PBA Ban that was signed into law last year. A San Francisco court has already ruled the ban unconstitutional. A Lincoln, Nebraska, court has yet to rule.

The controversial “health” exception language was deliberately left out of the federal legislation because of concerns that “health” could be so broadly interpreted that it would, in effect, nullify the ban. The Partial Birth Abortion Ban Act does, however, provide an exception if the mother’s life is endangered by a pregnancy.
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Sheriff’s Deputy was found to have issued an unlawful order in an arrest that sent a 20-year old girl to the hospital.

WICHITA, KS — Karen Myers was found not guilty in a jury trial today stemming from a violent arrest at the Kansas Coliseum in 2003 that sent her by ambulance to the hospital. Myers was charged with failure to obey a lawful order of a police officer during an anti-abortion protest at a Cher concert.

According to testimony, Myers was among a small group of protesters that were holding signs in the grassy public pedestrian right-of-way outside the Coliseum entrance on March 14, 2003, when they were approached by Sedgwick County Sheriff’s Deputies Elton Bowman and Edwin Simpson. It was determined in court that Myers and others were issued an unlawful order by Simpson to move back from the Coliseum driveway 100 feet. The group had engaged in First Amendment activity at that location previously without incident and questioned the validity of the order. According to witnesses, Simpson, without warning, grabbed Myers, a slender 20-year old, twisted her arms and slammed her to the ground. He then put his full weight on her back with his knee and cuffed her as she screamed in pain and begged him to stop hurting her.

The incident was photographed and those pictures were entered into evidence on Myers’ behalf. (More photos can be viewed in the next section.)
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