{"id":1043,"date":"2004-08-27T11:44:41","date_gmt":"2004-08-27T19:44:41","guid":{"rendered":"http:\/\/www.amptoons.com\/blog\/archives\/2004\/08\/27\/pro-lifers-lose-partial-birth-abortion-ban-case\/"},"modified":"2004-08-27T11:44:41","modified_gmt":"2004-08-27T19:44:41","slug":"pro-lifers-lose-partial-birth-abortion-ban-case","status":"publish","type":"post","link":"https:\/\/amptoons.com\/blog\/?p=1043","title":{"rendered":"Pro-Lifers Lose "Partial-Birth" Abortion Ban Case"},"content":{"rendered":"

Via Ms Musings<\/a>, a Federal Judge in New York has stuck down congress’ “partial-birth” abortion ban<\/a>. If you’d like a short, intelligent summary of the case, I recommend Kaisernetworks’s report<\/a>.<\/p>\n

This is the second of three lawsuits over the PBA ban to be decided (the first, in San Francisco<\/a>, was also a pro-choice victory). The third lawsuit, in Nebraska, is also likely to find that the PBA ban is unconstitutional.<\/p>\n

The loss in New York is significant to pro-lifers because New York’s Judge Casey <\/a>was clearly sympathetic to pro-life arguments, and made no effort to hide his disgust at the so-called PBA procedure. (According to the Times<\/i>, <\/a>Judge Casey earlier today referred to the procedure as “gruesome, brutal, barbaric and uncivilized.”). If the pro-lifers can’t defend a PBA ban successfully in Judge Casey’s courtroom, it’s unlikely they can defend it at all.<\/p>\n

Judge Casey was, however, too honest to overlook the fact that the PBA ban clearly is unconstitutional according to the Supreme Court’s Stenberg v Carhart<\/i> decision<\/a>.<\/p>\n

However, that could change if Bush wins the 2004 election and gets a chance to replace O’Connor, Stevens, Breyer, Ginsburg, or Souter on the Supreme Court. If that happens, the Court will probably overturn their Stenberg v Carhart<\/i> decision and find PBA bans to be constitutional.<\/p>\n

FederalAbortionBan.org<\/a> has more information on all three cases. I haven’t yet found a link to the text of Judge Casey’s opinion, but when (if) I do, I’ll update this post with the link.<\/p>\n","protected":false},"excerpt":{"rendered":"

Via Ms Musings, a Federal Judge in New York has stuck down congress’ “partial-birth” abortion ban. If you’d like a short, intelligent summary of the case, I recommend Kaisernetworks’s report. This is the second of three lawsuits over the PBA … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109,3],"tags":[],"class_list":["post-1043","post","type-post","status-publish","format-standard","hentry","category-partial-birth-abortion","category-abortion-reproductive-rights"],"_links":{"self":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1043","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1043"}],"version-history":[{"count":0,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1043\/revisions"}],"wp:attachment":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1043"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1043"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1043"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}