New York Judge Rules Partial Birth Abortion Ban Unconstitutional
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.
A partial birth abortion is a controversial abortion method that is performed on pre-born babies in the later stages of pregnancy. The body of the baby is forcibly pulled out of the birth canal until only the head is left inside. The skull is then pierced and the cranial contents are then suctioned out, collapsing the head and allowing it to slip easily from the birth canal.
“This is just another example of judicial tyranny thwarting the will of the people to govern themselves. An overwhelming percentage of Americans oppose this barbaric abortion procedure. A majority of their duly elected representatives voted for the ban and the President has signed it into law. Now comes Judge Casey saying that he knows better than the collective common sense of the American people, the Congress of the United States, and the President. And the ones who will suffer from this arrogance are the tiny babies who will be mercilessly butchered by ghoulish abortionists who, according to testimony in Judge Casey’s court, take pride in late-term child killing. Nothing could be more unjust or immoral.”
-Troy Newman, President, Operation Rescue West
August 27th, 2004 at 1:01 pm
Hold on, you say you are upset because the justice won’t allow people to govern themselves but you support a law that would conclude all such operations can’t be performed? Doesn’t that make you a hypocrite or just clueless?
August 27th, 2004 at 2:39 pm
More idiocy by a proabort. It IS illegal to kill people, you know.
August 27th, 2004 at 3:16 pm
the illogic of proabortion judges is breathtaking.
it goes something like this:
1) an unborn baby is not human or alive - it is property, to be disposed of by its “owner”, the mother, if she so desires. and nothing will stand in the way of that so-called “right”.
2) so-called “health” exceptions must be in every piece of legislation pertaining to abortion, because we’ve cleverly defined ‘health’ to mean discomfort, distress, or anything we want it to mean, for the purposes of allowing abortion at any time, for any reason.
3) the personhood and rights of the mother are inviolate, but the personhood and rights of the unborn are non-existent, unless of course the mother decides she wants the baby, then we will acknowledge that it possibly has the right to exist, since mama says so.
4) however, as a caveat to #3, if someone like scott peterson kills a woman who is pregnant with a baby she WANTS, then we do not necessarily want any law recognizing that baby’s existence, since that might prevent us from using #’s 1 and 2 to continue killing babies without restriction. after all, a WANTED unborn baby that is recognized by law might lead to an UNWANTED unborn baby being recognized by law, and oh no - we can’t have that.
and so, these arrogant little gods continue to rule on matters of life and death as if there is no life.
and people such as trey spout nonsensical gobblygook based on the warped and twisted reasoning used by judges since 1973.
bob, you have correctly pointed out that the unborn is a PERSON, and that is something that proaborts cannot and will not admit, for their house of cards is built on the lie that personhood and humanity start at birth.
the unborn are members of the human family and deserve to recognized as such.
August 27th, 2004 at 4:53 pm
Looks like you lose again! This is the way it is going to go everytime they make an anti-abortion law. The Republican party is always goin to make this an issue but word the laws so the will fail so they can say “Hey, we tried. Vote for us next time, we are bound to get it right!” Suckers!
August 27th, 2004 at 7:47 pm
ralph
if dullness were against the law, i’m afraid you’d be serving some hard time…
try paying attention.
the facts are that the courts, not the republican party, have redefined several words, including “health” and this is the crux of the matter. also, if you were informed, which you obviously are not, you would know that there are prolife democrats, prolife atheists, prolife feminists, and prolife independants….
next time, before you make foolish comments about matters you haven’t a clue about, try THINKING first.
August 30th, 2004 at 1:35 am
Ok, this is really not that complicated. Listen closely and pay attention.
At the time of conception, a child has been created and receives a soul from heaven. If you “abort” a child, you have killed the child. Even in the case of rape or incest, it is the mistake of a fallible, and sinful human who commited the criminal act. The human child which results from the criminal act deserves our highest protection, not certain death.
Still confused? Well, ask yourself a simple question. If the pregnant woman does not pay an abortion mill doctor a fee to crush the babys skull, would not the baby be born if not for the abortionist’s deadly forceps?
In the confines of their homes at night when they are alone with their thoughts and guilt, pro death abortionists know the real answer to this question. Of course it is a child and of course it is not “just tissue”. They also know that through their actions they are directly responsible for allowing 40,000,000+ children to die.
The question that I can’t answer is how they can look in the mirror and live with themselves knowing that millions of babys have died because of their selfish, pagan beliefs.
Like all Pro-Lifer’s, I can’t place all of the blame on the mother. The Pro Death people are very crafty and mischievous in “conning” vunerable women into this life altering and devastating decision. The Pro Death advocates are the eqivalent of “drug dealers and pimps”. They include the gnashing teeth feminists, Pro Death Democrats, liberal judges and legislators, left wing judges and the homosexual militant lobby. They say to women “don’t worry, it is not a baby. It’s just tissue and you can have it removed as simply as a pimple or blemish. No worries, no consequences.”
How sad for all of us that a small number of liberal judges and Pro Death advocates can be responsible for the death of over 40,000,000 children.
If you feel like I do, please contact me and let’s get serious about ending abortion.
poochy100@netzero.net
August 30th, 2004 at 4:50 am
brad
pretty good summary of the truth of the matter….
September 2nd, 2004 at 4:18 pm
I too want to know how some people can be so callous and merciless to an innocent unborn child…I want to cry every time I think of how close that precious soul came to tasting life. Who are they to play God?
September 7th, 2004 at 12:04 am
Saving a woman’s life and insuring that her health will be preserved is a really horrible thing, isn’t it? That’s what striking down the partial birth abortion ban is all about, but when a bunch of abortion nuts latch on to an agenda rationality goes out the window. I’m sure someone who spends all their time parsing this issue will find some way to attack what I have to say, but then again I have a life. Too bad most abortion wackos can’t say the same thing.
September 7th, 2004 at 2:01 am
steve
i think it’s more accurate to say that when you sat down to post your comments, rationality went completely out the window.
there is no need to ‘parse’ any of your comments…. the simple truth will suffice.
congressional hearings and court testimony have proven conclusively that partial birth abortion is NEVER, and i repeat, NEVER medically
needed to save a woman’s life. when a woman’s life is threatened by a pregnancy, the best medical course of action is not abortion, but induced delivery, in which case the baby may, in fact, die. but that is not the goal. the goal is to save the mother, and if possible, the child. it is not necessary, and certainly not good medicine, to kill the child in order to save the mother. this situations are extremely rare, anyway.
secondly, most partial birth (and other late term abortions) are done on perfectly healthy women carrying perfectly healthy babies (testified to by numerous abortionists who make their living doing these barbaric procedures).
thirdly, only about 1-2% of ALL abortions are done for reasons relating to rape, incest, fetal abnormality, or life of the mother. the other 98% are all purely birth control, or more accurately - selfishness.
finally, so you ‘have’ a life eh? well, steve, the indisputable fact is that your life began nine months before you were born. everything you are now was present at the union of your father’s sperm with your mother’s egg. nothing was added except time and nutrition.
the missing element in your reasoning, besides factual support, is an equal concern for the unborn child. prolifers care for BOTH mother and child.
you might try clicking on this link for more info, if you can handle it:
http://www.operationrescue.org/archives/000036.shtml
i suggest that you actually do some research on this matter before you insert foot in mouth again.
September 14th, 2004 at 1:53 pm
DUH !!! As if any induced abortion WAS constitutional, in view of that document’s clear commitment to preserving the inalienable right to LIFE, LIBERTY, and the PURSUIT OF HAPPINESS (in that order; no other order makes sense)for us “AND OUR POSTERITY”.
At this rate who knows, maybe even the finger flickers will eventually learn to count past one or two…
Peace & love,
Hope
September 16th, 2004 at 8:04 pm
Hmmm, it seems that my initial response to Jerry’s response to my September 7 post did not make it onto this thread.
Anyway, I apologized for the silliness of my words(in a slightly humorous way) and proceeded to lay out an arguement that was a bit more balanced.
This is how it went: the “partial birth abortion” ban was bad because it did not include language for preserving the life and health of a woman. It was also vaguely worded and would have disallowed most procedures very early in the second trimester. This is bad because most defects cannot be detected until well after this peiod.
Now this site claims to be about the preservation of life, both mother and child, yet it backs legislation that is badly crafted. how is this a good thing? The sad thing is that I agree that elective abortions are bad, and they are even worse when they are performed at an advanced stage of pregnancy. This federal ban however, alienates moderates like me who see draconian legislation like the type that president Bush signed on to as an extreme measure.
I don’t think we will ever agree on abortions performed in the first trimester but surely there can be some agreement on issues like the one on this thread.
September 17th, 2004 at 9:46 pm
steve
feel free to weigh in as often as you want, but i would urge you to actually do some research before coming on here and inserting your foot in your mouth with some of the most foolish, uninformed, and deceiptful comments i’ve yet to read.
i’ve answered your previous deceptions, steve, and challenged you to do your homework. you refuse to do so, but are obstinately coming back over and over again with the same baloney. you must have an amazingly thick skull.
1) the partial birth abortion ban was not badly crafted or draconian - it simply banned ONE procedure (got that, steve? ONE procedure) and it DID contain a provision about a woman’s life being in danger
2) any mention of the word ‘health’, due to previous lawless court decisions which defined that to mean literally anything the abortionist wanted it to mean, would be to open up a loophole large enough to drive a semi truck through, thereby rendering the ban meaningless
3) physicians, pediatricians, biologists, surgeons, all testified before congress and before the courts that this procedure is NEVER (got that, steve? NEVER) medically indicated or necessary.
4) 98% of all abortions are elective
5) how could legislation that specifically describes this procedure in minute detail have an effect on other procedures? answer - it couldn’t.
6) abortion is not health care, and is not good for women or children. when a woman’s life is threatened, the last thing that needs to happen is for someone to reach in to her uterus, grab her baby by the feet, forcing a breach type position (very dangerous even for healthy women), and sticking a fork in the back of the child’s head, and suctioning out the brains of the child.
how can any person with a twinge of conscience call that medicine? especially when expert after expert after expert testified that it’s NEVER (got that, steve? NEVER) medically necessary or even advisable.
i could go on to nuke all of your phony points, but suffice it to say that you are either intellectually dishonest in the extreme, or you are just plain ignorant, or a combination of the two.
September 22nd, 2004 at 9:27 am
How is killing a baby ok? I don’t get it. How is it that we will call you names and put you in jail if you kill your child at home, but inside the womb it’s ok? I was raped on May 24, 2000, and I had to deal with a “rape kit.” They gave me many colorful pills telling me what they were going to keep me from getting from this sicko freak that had just raped me. Then, even in all the madness and confusion I noticed pills that I had to take more than 1 day. I almost swallowed the first pill when I had this nagging feeling in my stomach. I stopped to ask, “What is this pill for?” To which the woman quickly said, “Unwanted pregnancy. Take it now and then again tomorrow. You’ll need to make an appointment for a check up soon.” I was absolutely crazed with anger. I lost my temper and I’m telling you now I didn’t care about the consequences. They had told me about all of the other pills, but had not said one word about this one. Not One!! They didn’t even ask me if I was pro-life or pro-death, they just assumed I was as sick as the man who had just raped me!! I began yelling at her and the other women to tell them I was NOT a baby killer, and I would NOT take this death pill. Do you know what this woman had the nerve to say next? She actually had the nerve to tell me that I had not yet fully understood what had happened to me, (when I was raped just a few hours ago) and told me that it would be hard to have a child from a rapist. How dare she think she knows what’s going on in my mind, and how dare she even assume what I was going through right now!! Who would know better than I what had just happened!?!? I told her that I would not take her pills, and would not even finish the process of the rape kit with her. I told her that I did not care if I became pregnant or not, it was not my choice to decide, it was GOD’S. She didn’t understand, but I did. (Even after the hell I had just been through, I knew that I could not kill an innocent child, no matter how they were conceived!!) I just want people to know that even if you’
re all alone and pregnant, where there is a will there is a way. I never did get pregnant from my rapist, but I did end up with a wonderful man and we now have 3 beautiful children. I love them so much. Things will be alright, even in hard times. A child may not exactly fit in your “schedule” but that doesn’t mean we should have the right, or ability to kill that child. If I can say no to abortion just 4 hours after I was raped, (hours, not days) then why can’t other women say No and protect the precious life that GOD has given us? THERE IS NOTHING WRONG WITH ADOPTION!! Just because you have the baby doesn’t mean you have to keep it. And for those that say that they couldn’t put themselves through the anguish of giving up there child and would rather have an abortion, well, that’s the most selfish thing I have ever heard. You would rather no one have the baby, and because you just can’t deal with the heartbreak of letting someone else raise him/her, you’d rather kill him/her???????? How sick is that? I just wanted to give a different perspective on a situation that I consider the new Haulocost. We have got to find some way of stopping this disgusting and cruel crime. If we don’t find a way, how many babies will die today?
September 25th, 2004 at 7:42 am
sunshyne
powerful testimony….
thanks for being a voice for the voiceless.