Late Term Abortion Ban Declared Unconstitutional

US District Judge Phyllis Hamilton ruled today that the act poses an undue burden on a woman's right to choose an abortion, which has been found by earlier courts to be constitutionally legal.

SAN FRANCISCO, California (AP) -- A federal judge Tuesday declared the Partial-Birth Abortion Ban Act unconstitutional, saying the measure infringes on a woman's right to choose.

Planned Parenthood, who has 900 clinics were encouraged by the ruling.

Planned Parenthood lawyer Beth Parker welcomed the ruling, saying it sends a "strong message" to Attorney General John Ashcroft and the Bush administration "that the government should not be intruding on very sensitive and private medical decisions."

CNN story

Personally I am against this type of abortion. It seems pointless the terminate the fetus this late in the pregnancy, why not have it? It will be interesting to see how the other two courts rule on the ban.

The Partial-Birth Abortion Ban Act of 2003 imposed criminal and civil penalties on "[a]ny physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion."

I never noticed that before, when does it affect interstate commerce? That, btw is where the federal government claims juristiction to make such a law. Clever, but does it apply besides w/ someone who goes to another state to have an abortion?

Its about time somebody stop the madness of General John Ashcroft and the Bush administration, when it comes to womens right, when those two be able to grow an uterus then they can have a say so in the matter.

I am no christian, but I just feel, I am against abortion. Obviously each side has it's own points...I just feel stronger on one side

Usually males are against abortion, and I don't say this out of being sarcastic, abortion is a matter between a women and her body only if a father or partner is not present to take resposibility. I respect your opinion.

Originally posted by marg6043
... when it comes to womens right, when those two be able to grow an uterus then they can have a say so in the matter.

This is off topic, somewhat, but your statement got me thinking.

I have always been pro-choice with few reservations. But I never really looked at the males side in this issue, simply because the woman had to carry the child.

Wouldn't you agree that this kind of thinking (meaning you and I) shows disparate treatment with regard to the father. Men have no choice or say over whether the fetus is terminated or not, but they are expected to pay child support for 18 years. The woman has significant power in this position inspite of the fact that the conception resulted from two equal partners.

What if the father wants the child but the woman doesn't? Should the father be able to terminate his rights to the child, if the woman choses to maintain the pregnancy?

Like I said, your post got me thinking, I am curious what you think as well.

B

This has been posted, and we are having a lively little conversation about it too.

abovetopsecret.com...

Oh yeah, it is mudpit though.

Men have no choice or say over whether the fetus is terminated or not, but they are expected to pay child support for 18 years.

Bleys, I think the man, when he commits himself to the choice (often not well thought out) of causing a female to conceive, turns the power over to her. He was only a contributor- she is the means of production. Unless he is willing to stay there and be a real father- I don't feel he has the same prerogative she does.

Most times a father or partner disappears leaving the women alone in this case it will be the women choice, I am pro-choice but like you with reservations, if a man father's a child and he is willing to provide I see not harm for the women to have that child and it she does't then the father of that child has the right to take her to court for the safety of that child.

When it comes to law womens issues should be womens choices and politicians should stay away front it they using this type of issues for political gain and is usually for the male.

I know this thread has been cover before but ladies we need more womens issues in ATS.

I am glad you brought the issue

Usually males are against abortion, and I don't say this out of being sarcastic, abortion is a matter between a women and her body only if a father or partner is not present to take resposibility. I respect your opinion

I don't want to sound ignorant or anything but this is my view. You say you want a choice, you had the choice at conception...that is my outlook. Unless you were raped that is different because you had no choice.

I am a mother of a young women, and I always had told my daughter that the only way she can get pregnet is if she let it happend, not the boy or man but the girl or women, sometimes situations happend and a choice had to be made.

You are not ignorant at all.

My point is that mens, religion politicians and so on had not right to take actions when it comes to womens decisions this are personal matter between a women and her body.

We come a long way baby.