MIAMI, Fla., July 2 (LSN) – On Tuesday, U.S. District Judge Donald Graham became the latest in a string of judges to issue an injunction stopping state laws banning partial-birth abortions (PBA) from taking effect. Typically the law is put on hold by the judge pending a hearing on the constitutionality of the law, a hearing which is rarely even scheduled to take place. The day before, District Judge Jeffrey Sherlock overturned Montana’s PBA ban saying it was unconstitutional because it infringed on a women’s right to abortion as defined by the 1973 U.S. Supreme Court Roe v. Wade decision. Last month, the Virginia PBA ban was halted by U.S. District Judge Robert E. Payne, until a hearing could be held. However, on Tuesday, 4th U.S. Circuit Court of Appeals Judge J. Michael Luttig stayed Payne’s temporary injunction, thus allowing the law to go into effect at least until the case against it is heard in court. Of the 28 States that have chosen to ban PBA, only 12 have so far been allowed to enforce the legislation.
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JUDICIAL ACTIVISM RAMPANT IN U.S. PARTIAL-BIRTH ABORTION CHALLENGES
MIAMI, Fla., July 2 (LSN) – On Tuesday, U.S. District Judge Donald Graham became the latest in a string of judges to issue an injunction stopping state laws banning partial-birth abortions (PBA) from taking effect. Typically the law is put on hold by the judge pending a hearing on the constitutionality of the law, a hearing which is rarely even scheduled to take place. The day before, District Judge Jeffrey Sherlock overturned Montana’s PBA ban saying it was unconstitutional because it infringed on a women’s right to abortion as defined by the 1973 U.S. Supreme Court Roe v. Wade decision. […]
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