Politics
Friday November 7, 2003
Federal Judges Block Implementation of Partial Birth Abortion Ban against Most Abortionists
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NEW YORK, November 7, 2003 (LifeSiteNews.com) - U.S. District Judge Richard Conway Casey jumped on the pro-abortion activist bandwagon of several federal judges who have ordered blocks to the recently enacted ban on partial-birth abortion. However, Casey's ban was the most encompassing, barring enforcement of the law against any abortionist who is a member of the National Abortion Federation.
U.S. District Judge Richard Kopf of Nebraska issued a ban on the new law immediately after Bush signed the legislation, but it only applied to abortionist Leroy Cahart and his collegues who took the challenge against the procedure to the Supreme Court in 2000. U.S. District Judge Phyllis Hamilton of San Francisco also issued a similar ban on the enforcement of the legislation limited to an abortuary and where it referred patients to.
The judicial activism was expected by the White House. In his address at the signing ceremony for the ban Bush said, "the executive branch will vigorously defend this law against any who would try to overturn it in the courts." White House Press Secretary Scott McClellan reiterated those comments today as he was asked if there was disappointment in the White House over the judges' actions. "I think we have made it very clear that we intend to vigorously defend this law. Congress worked to address the legal issues and ensure its constitutionality, and we will vigorously defend it in the courts," responded McClellan.
See the coverage in the San Francisco Chronicle:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/11/07/MNG4Q2SGC81.DTL
See also
With Questions About Constitutionality of New Law, Will Partial-Birth Abortions Ever Be Banned?
http://headlines.agapepress.org/archive/11/afa/72003a.asp
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