Wednesday, September 08, 2004

Strike 3! Yer out!

With thanks to LeanLeft for the link, we learn that the federal law banning misnamed "partial birth abortions" has been declared unconstitutional by a third federal district court. It's the third time the ban has been stuck down; it has not been upheld anywhere.

Following along the lines of similar victories in San Francisco and New York,
U.S. District Judge Richard Kopf in Lincoln [Nebraska] said that Congress ignored the most experienced doctors in determining that the banned procedure would never be necessary — a finding he called "unreasonable."

"According to responsible medical opinion, there are times when the banned procedure is medically necessary to preserve the health of a woman and a respectful reading of the congressional record proves that point," Kopf wrote. "No reasonable and unbiased person could come to a different conclusion."
The failure to include an exception to protect the health of the mother doomed the bill, Kopf ruled.

As LeanLeft notes, anti-choice people won't agree to such an exception because
once you make that concession ... you've admitted that abortion is sometimes acceptable; and you've established that the life and interests of the woman are of more value than those of the fetus she carries,
which is much the same thing as I said on Sunday. GMTA and all that.

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