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Judge overturns Virginia 'partial-birth' abortion law

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Judi Lynn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-02-04 06:59 PM
Original message
Judge overturns Virginia 'partial-birth' abortion law
Judge overturns Virginia 'partial-birth' abortion law
Monday February 02, 2004
By DAVID E. LEIVA
Associated Press Writer
RICHMOND, Va. (AP) A federal judge struck down Virginia's ban on a type of late-term abortion Monday, saying the law violated privacy rights and failed to make an exception for the health of the woman.

U.S. District Judge Richard L. Williams called the ban on what opponents call partial-birth abortion ``impermissibly void for vagueness.''

The judge blocked the law last July, the day it went into effect, calling it a ``no-brain case.'' He also has challenged the use of the term ``partial birth infanticide'' by the law's backers, saying it was an attempt to alarm the public.

Virginia's law outlawed a procedure generally performed in the second or third trimester in which a fetus is partially delivered before being killed.
(snip/...)

http://cbsnewyork.com/national/AbortionLaw-aa/resources_news_html
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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-02-04 07:05 PM
Response to Original message
1. Good idea. Overturn a banned procedure that doesn't even exist
in practice, and only on paper.
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WildClarySage Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-02-04 07:11 PM
Response to Reply #1
2. they use that
Edited on Mon Feb-02-04 07:12 PM by WildClarySage
as a foot in the door to ban 'em all. Good strategy, that's why we gotta call 'em on it.
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oostevo Donating Member (293 posts) Send PM | Profile | Ignore Mon Feb-02-04 07:16 PM
Response to Original message
3. I can't believe this happened in Virginia ...
I'd think VA would be the last state where this would happen, though I'm happy it did.
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0007 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-02-04 07:16 PM
Response to Original message
4. Good for Virginia!
Partial brith what a joke!
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Judi Lynn Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-02-04 11:58 PM
Response to Original message
5. Here's a different (((( spin ))))
Edited on Tue Feb-03-04 12:04 AM by JudiLyn
(snip)
Federal Judge Blocks Virginia Partial-Birth Abortion Law
RICHMOND, Virginia (CWNews.com) - A federal judge on


Thursday imposed a temporary injunction against a Virginia law that bans partial-birth abortions, eliciting outrage from state officials who promise to appeal.

US District Judge Robert E. Payne made the ruling effective until a lawsuit challenging the law goes to trial on August 18. The law was to go into effect next Wednesday. State Attorney General Mark Earley slammed the decision, saying a majority of Virginians supported the ban. The bill was passed last year by the General Assembly and signed by Gov. Jim Gilmore.

Payne agreed with abortionists challenging the law who said that the language of the law is so imprecise that it could apply to many other kinds of abortions. Partial-birth abortions are late-term terminations in which the baby is partially-delivered so that only his head remains in the birth canal. The abortionist then stabs the baby's neck, suctions out his brain, and collapses his skull for easy removal. Payne said, "The term 'partial-birth abortion' is a term coined by legislators, anti-abortion activists, and the media. It has no accepted medical meaning."
(snip)

http://www.cwnews.com/news/viewstory.cfm?recnum=7969
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David__77 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-03-04 11:06 AM
Response to Original message
6. The federal law must be struck down next.
There must be a broad health exemption to any regulation to abortion procedures. This must not only include "life" but "health" as well. Hopefully we can settle the so-called "partial birth" issue and present it as an all or nothing thing: either you favor leaving it up to women and their doctors, or you favor throwing them in prison. I think we can rebuild the pro-choice movement through polarizing the issue as such.
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