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Successful Personhood USA Supreme Court Appeal could overturn 1992 Casey decision

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WASHINGTON, May 1, 2012 (LifeSiteNews.com) – The Oklahoma State Supreme Court has moved to deny Oklahoma citizens a ballot access initiative for Personhood.

Personhood USA stated in a release today that “On April 30, repeatedly citing Planned Parenthood v. Casey, the Oklahoma State Supreme Court denied Personhood Oklahoma’s right to petition, ruling the ballot measure ‘unconstitutional.’”

Calling the courts decision “a rare move against the people of Oklahoma”, the pro-life organization charges, “the State Supreme Court ruled against the ballot initiative before it went to a vote, denying the people’s right to vote on the issue and the circulator’s right to petition the government.”

Citing the Casey decision, Personhood USA states, “Justice Scalia’s dissenting opinion brings weight to the State’s right to allow the people to decide the permissibility of abortion:

“The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Justice Scalia, Planned Parenthood vs. Casey.”

“Planned Parenthood v. Casey and Roe v. Wade, according to Justice Scalia’s opinion, have no basis in law. Because of this, the undue burden of the standard of Casey is completely unworkable,” explained Gualberto GarciaJones, Personhood USA legal analyst. “With such a vague standard and any variety of interpretations, it is impossible for citizens to understand it and apply it. Justice Scalia said citizens can resolve the issue of abortion by persuading one another and voting. If Oklahoma citizens are denied the opportunity to do so, our only recourse is to petition the Supreme Court.”

Steve Crampton, Vice President for Legal Affairs and General Counsel for Liberty Counsel, who represents Personhood Oklahoma, said: “This ruling epitomizes judicial overreaching. It not only misinterprets and misapplies federal constitutional law, but it also denies states’ rights and strips Oklahomans of their right to petition for a substantive change in state law, which is guaranteed under the state constitution. We are hopeful that the United States Supreme Court will reverse this decision.”

While five U.S. Supreme Court Justices are required for a favorable ruling, only four are required to approve a petition for certiorari.

Personhood Oklahoma had been collecting signatures for the Personhood Amendment for two months. The amendment reads, “A ‘person’ as referred to in Article 2, Section 2 of this Constitution shall be defined as any human being from the beginning of the biological development of that human being to natural death. The inherent rights of such person shall not be denied without due process of law and no person as defined herein shall be denied equal protection under the law due to age, place of residence or medical condition.”

“The people of Oklahoma will not be silenced,” explained Dan Skerbitz, Director of Personhood Oklahoma. “We have 13,000 volunteers who have been circulating petitions and are ready and willing to continue this fight for human lives. We are more determined than ever to rise up against judicial tyranny and cowardly State Representatives who do not represent the will of the people of Oklahoma.”

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Four Indiana abortionists could lose their licenses over reporting violations

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By Ben Johnson

The attorney general of Indiana, Greg Zoeller, has asked a state board to review the medical licenses of four abortionists, including an out-of-state abortionist who failed to report two cases of statutory rape.

The Indiana Medical Licensing Board will review the cases of Dr. Ulrich “George” Klopfer, Dr. Resad Pasic, Dr. Kathleen Glover, and Dr. Raymond Robinson.

A press release from the attorney general's office called Klopfer's “the most egregious complaint.” Klopfer, who lives in Crete, Illinois, failed to report abortions of two 13-year-olds – one at his Women’s Pavilion abortion facility in South Bend and another in his office in Gary.

All abortions must be reported to the Indiana State Department of Health, and abortions performed on minors younger than 14 must also be reported to the Indiana Department of Child Services within three days. Under state law, children under the age of 14 are incapable of consenting to sex, so any sexual relationship with them is considered likely statutory rape.

Klopfer reported the two abortions 116 days and 206 days afterwards, something he described as “an honest mistake.” Klopfer faces a misdemeanor criminal charge in both Lake and St. Joseph county in connection with those allegations.

Every single one of the 1,818 abortion reports Klopfer turned in to state authorities between July 2012 and November 2013 was false or incomplete, Zoeller says. The doctor often omitted the father's name and had a habit of listing the date of every abortion at 88 weeks gestation.

The abortionist is also charged with 13 violations of the state's informed consent law.

“The pending criminal charges brought by county prosecutors along with the sheer volume of unexplained violations...merits review by the Medical Licensing Board to determine whether disciplinary action is warranted,” Zoeller said.

The other three abortionists work at the Clinic for Women in the Indianapolis area. According to a press release from the state attorney general's office, they “are in alleged violation of similar record-keeping and advice and consent laws regarding abortion procedures,” but they face no criminal charges.

The allegations were collected and submitted by Indiana Right to Life, which combed through Klopfer's records. “Our legislators passed laws regarding consent and record keeping to ensure high standards of quality and care for Hoosier women,” Indiana Right to Life President and CEO, Mike Fichter, said. “We're disappointed that these abortion doctors apparently did not willingly comply with Indiana law. We hope the Medical Licensing Board immediately schedules hearings.”

“If found guilty, we believe the abortion doctors should be fined and their licenses to practice in Indiana should be revoked," he added.

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His views were shared by national pro-life leaders. “We are encouraged by the filing of these Administrative Complaints today and urge the Board to revoke Ulrich Klopfer’s medical license due to the fact that he placed young girls in serious risk of continued rape and other abuse by neglecting to report,” said Troy Newman, President of Operation Rescue. “Each of these abortionist require stiff discipline in order to impress it upon others that laws are meant to be followed and that they are not above it.”

Zoeller's complaint did not mention a third abortion of a 13-year-old that Klopfer reported after the legal date. The abortion took place in Fort Wayne in February 2012, but he did not report the procedure until July. Police subsequently filed two charges of child molestation against Ronte Lequan Latham, who was then 19-year-old.

Tensions this produced with another physician in his Fort Wayne office led to the first abortion facility closure of 2014.

The epidemic of underreporting presumed statutory rape is not limited to Klopfer. Between 58 and 75 percent of abortions performed on Indiana girls under the age of 14 were not reported in accordance with the law, according to an investigation by Amanda Gray of the South Bend Tribune.

Klopfer had a history of run-ins with authorities. In 2010 and 2012, state inspectors found that he allowed the bodies of aborted babies to be stored in a refrigerator alongside medicine the office gave to women who came in for the procedure.

The board has not yet set a date to hear evidence and make a judgment about their fitness to practice. If the board objects, it could respond by issuing a reprimand, suspending a license, or revoking the abortionists' medical license and imposing fines.

The accused may continue performing abortions until the board makes a final decision. 

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Obama remakes the nation’s courts in his image

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By Dustin Siggins
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It has often been said that the Affordable Care Act (ACA) is President Obama's greatest achievement as president. However, that claim may soon take second place to his judicial nominees, and especially their effect on marriage in the United States.

In a new graphic, The Daily Signal notes that while President George W. Bush was able to get 50 nominees approved by this time in his second term, Obama has gotten more than 100 approved. According to The Houston Chronicle, "Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 U.S. Courts of Appeals. When Obama took office, only one of those courts had more full-time judges nominated by a Democrat."

Three of the five judges who struck down state marriage laws between February 2014 and the Supreme Court's Windsor decision in 2013 were Obama appointees, according to a CBS affiliate in the Washington, D.C. area. Likewise, the Windsor majority that overturned the Defense of Marriage Act included two Obama appointees, Justices Sonia Sotomayor and Elena Kagan. Obama has nominated 11 homosexual judges, the most of any president by far, says the National Law Journal.

Only one federal judge has opposed same-sex "marriage" since the Supreme Court's Windsor decision. He was appointed under the Reagan administration.

This accomplishment, aided by the elimination of Senate filibusters on judicial nominees, could affect how laws and regulations are interpreted by various courts, especially as marriage heads to a probable Supreme Court hearing on the constitutionality of state laws.

Democrats eliminated the filibuster for all judicial nominees except for Supreme Court candidates last year, saying Republicans were blocking qualified candidates for the bench. However, the filibuster was part of the reason Democrats were able to keep the number of approved Bush appointees so low.

The Supreme Court may hear multiple marriage questions in its 2015 cycle. 

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Cardinal Dolan: Debate on denying Communion to pro-abortion pols ‘in the past’

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By Lisa Bourne

As America heads into its 2014 midterm elections, a leading U.S. prelate says the nation’s bishops believe debate over whether to deny Communion to pro-abortion Catholic politicians is “in the past.”

The Church’s Code of Canon Law states in Canon 915 that those “obstinately persevering in manifest grave sin are not to be admitted to Holy Communion.” Leading Vatican officials, including Pope Benedict XVI himself, have said this canon ought to be applied in the case of pro-abortion Catholic politicians. However, prelates in the West have widely ignored it, and some have openly disagreed.

John Allen, Jr. of the new website Crux, launched as a Catholic initiative under the auspices of the Boston Globe, asked New York Cardinal Timothy Dolan about the issue earlier this month.

“In a way, I like to think it’s an issue that served us well in forcing us to do a serious examination of conscience about how we can best teach our people about their political responsibilities,” the cardinal responded, “but by now that inflammatory issue is in the past.”

“I don’t hear too many bishops saying it’s something that we need to debate nationally, or that we have to decide collegially,” he continued. “I think most bishops have said, ‘We trust individual bishops in individual cases.’ Most don’t think it’s something for which we have to go to the mat.”

Cardinal Dolan expressed personal disinterest in upholding Canon 915 publicly in 2010 when he told an Albany TV station he was not in favor of denying Communion to pro-abortion politicians. He said at the time that he preferred “to follow the lead of Popes John Paul II and Benedict XVI, who said it was better to try to persuade them than to impose sanctions.”

However, in 2004 Cardinal Joseph Ratzinger, who became Pope Benedict XVI the following year, wrote the U.S. Bishops a letter stating that a Catholic politician who would vote for "permissive abortion and euthanasia laws" after being duly instructed and warned, "must" be denied Communion. 

Cardinal Ratzinger sent the document to the U.S. Bishops in 2004 to help inform their debate on the issue. However, Cardinal Theodore McCarrick, then-chair of the USCCB Task Force on Catholic Bishops and Catholic Politicians, who received the letter, withheld the full text from the bishops, and used it instead to suggest ambiguity on the issue from the Vatican.

A couple of weeks after Cardinal McCarrick’s June 2004 address to the USCCB, the letter from Cardinal Ratzinger was leaked to well-known Vatican reporter Sandro Magister, who published the full document. Cardinal Ratzinger’s office later confirmed the leaked document as authentic.

Since the debate in 2004, numerous U.S. prelates have openly opposed denying Communion to pro-abortion Catholic politicians.

In 2008, Boston Cardinal Sean O’Malley suggested the Church had yet to formally pronounce on the issue, and that until it does, “I don’t think we’re going to be denying Communion to the people.”

In 2009, Cardinal Donald Wuerl of Washington D.C. in 2009 said that upholding of Canon 915 would turn the Eucharist into a political “weapon,” refusing to employ the law in the case of abortion supporter Rep. Nancy Pelosi.

Cardinal Roger Mahoney, archbishop emeritus of Los Angeles, said in a 2009 newspaper interview that pro-abortion politicians should be granted communion because Jesus Christ gave Holy Communion to Judas Iscariot.

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However, one of the Church’s leading proponents of the practice, U.S. Cardinal Raymond Burke, who is prefect of the Vatican’s Apostolic Signatura, insists that denying Communion is not a punishment.

“The Church’s discipline from the time of Saint Paul has admonished those who obstinately persevere in manifest grave sin not to present themselves for Holy Communion,” he said at LifeSiteNews’ first annual Rome Life Forum in Vatican City in early May. "The discipline is not a punishment but the recognition of the objective condition of the soul of the person involved in such sin."  

Only days earlier, Cardinal Francis Arinze, former prefect of the Congregation for Divine Worship and the Discipline of the Sacraments, told LifeSiteNews that he has no patience for politicians who say that they are “personally” opposed to abortion, but are unwilling to “impose” their views on others.

On the question of Communion, he said, “Do you really need a cardinal from the Vatican to answer that?”

Cardinal Christian Tumi, archbishop emeritus of Douala, told LifeSiteNews around the same time that ministers of Holy Communion are “bound not to” give the Eucharist to Catholic politicians who support abortion.

Pro-life organizations across the world have said they share the pastoral concern for pro-abortion politicians. Fifty-two pro-life leaders from 16 nations at the recent Rome Life Forum called on the bishops of the Catholic Church to honor Canon 915 and withhold Communion from pro-abortion politicians as an act of love and mercy.

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