July 8, 2005
Aborting the wingnuts
When will these morons finally realize that they don’t in any way represent the views of the American people? OK, probably never, but I live in hope:
LINCOLN, Neb. (AP) - A federal appeals court on Friday upheld a ruling that the federal Partial-Birth Abortion Ban Act is unconstitutional.
The 8th U.S. Circuit Court of Appeals in St. Louis agreed that the ban, while containing an exception to save the life of the mother, is unconstitutional because it makes no such exception for the health of the woman. The court upheld an earlier decision by U.S. District Judge Richard Kopf of Lincoln, who heard one of three cases brought over the issue last year.
Kopf’s ruling followed decisions overturning the law by federal judges in New York and San Francisco. Those decisions also have been appealed and are expected by many legal experts to eventually reach the U.S. Supreme Court.
“When ‘substantial medical authority’ supports the medical necessity of a procedure in some instances, a health exception is constitutionally required,” Judge Kermit Bye of the 8th Circuit wrote in the opinion issued Friday. “In effect, we believe when a lack of consensus exists in the medical community, the Constitution requires legislatures to err on the side of protecting women’s health by including a health exception.”
President Bush signed the abortion ban in 2003, but it was not enforced because of the legal challenges.
What with yesterday’s defeat for Jeb on Schiavo, the week is definitely looking up.
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