Partial-birth abortion ban ruled unlawful

first_imgNEW YORK – Two federal appeals courts on opposite sides of the country declared the Partial Birth Abortion Ban Act unconstitutional Tuesday, saying the measure lacks an exception for cases in which a woman’s health is at stake. The first ruling came from a three-judge panel of the 9th U.S. Circuit Court of Appeals. Hours later, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued a similar decision in a 2-1 ruling. The New York decision affirmed a 2004 ruling by a judge who upheld the right to perform the procedure even as he described the procedure as “gruesome, brutal, barbaric and uncivilized.” Tuesday’s ruling was marked by an unusually sharp dissent by Judge Chester J. Straub, who said he believed Congress’ determination that the procedure was never medically necessary to protect a women’s health was well founded and supported by a lower-court ruling. AD Quality Auto 360p 720p 1080p Top articles1/5READ MORESanta Anita opens winter meet Saturday with loaded card “Allowing a physician to destroy a child as long as one toe remains within the mother would place society on the path towards condoning infanticide,” he said. He added: “I find the current expansion of the right to terminate a pregnancy to cover a child in the process of being born morally, ethically and legally unacceptable.” The California court said the law was vague and so broad that no other remedy was possible except to throw it out. “We are reluctant to invalidate an entire statute,” Circuit Judge Stephen Reinhardt wrote. “However, after considering all of the obstacles to our devising a narrower remedy, we conclude that such is our obligation.” The panel also rejected arguments made by the Justice Department that there was general agreement among doctors that such late-term abortions were never necessary to preserve the health of a woman. “The government all but admits in its reply brief that no medical consensus exists regarding the need for the prohibited procedures to preserve the health of women in certain circumstances,” the panel concluded. Justice Department attorneys also said the procedure is inhumane and causes pain to the fetus. A government lawyer argued it “blurs the line of abortion and infanticide.” The law, signed in 2003, banned a procedure known to doctors as intact dilation and extraction and called partial-birth abortion by abortion foes. The fetus is partially removed from the womb, and the skull is punctured or crushed. The procedure is generally performed in the second trimester. President George W. Bush signed the abortion ban in 2003, but it was not enforced because of legal challenges in several states. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Tottenham tipped to launch €50m move for Barcelona star

first_img REVEALED 1 LATEST moving on Kevin De Bruyne ‘loves Man City and wants to keep winning’, reveals father targets Cavani ‘agrees’ to join new club and will complete free transfer next summer Latest Transfer News Tony Cascarino backs Everton to sign two strikers for Carlo Ancelotti IN DEMAND RANKED Where every Premier League club needs to strengthen in January center_img Tottenham boss Mauricio Pochettino is reportedly still a big fan of Malcom despite missing out on him in the summer.He would love to bring him to north London and now a deal seems like a real possibility.Malcom is also said to be attracting strong interest from clubs in Italy, specifically Inter Milan. Tottenham are reportedly preparing a sensational £44million swoop for Barcelona forward Malcom.The Brazilian moved to the Spanish champions in the summer from Bordeaux in a deal worth £36.5m. Top nine Premier League free transfers of the decade Before that, the 21-year-old was linked with Arsenal, Roma and Tottenham after scoring 12 goals in Ligue 1 last season.Since making the move to Barca, Malcom has struggled for action and he has made just two appearances this season.That has led to reports growing that the Brazilian could be allowed to leave the club already – if they can make a profit on him.And, according to Diario Sport, Spurs are now ready to weigh in with a huge offer of €50m (£44m). targets LIVING THE DREAM The biggest market value losers in 2019, including Bale and ex-Liverpool star Arsenal transfer news LIVE: Ndidi bid, targets named, Ozil is ‘skiving little git’ Malcom has yet to make a major impact at the Nou Camp, and could be set for an early exit Man United joined by three other clubs in race for Erling Haaland last_img read more