Appeals Court upholds decision blocking Michigan's ban on 'partial birth' abortions

[Bozita]

Source: The Detroit News


June 4, 2007
Appeals Court upholds decision blocking Michigan's ban on 'partial birth' abortions

Paul Egan / The Detroit News

A federal appeals court today upheld a lower court ruling that declared unconstitutional a Michigan law banning "partial birth" abortion.

A federal judge in Michigan had declared the state's Legal Birth Definition Act unconstitutional in 2005, in part because of vague wording and because the law did not adequately protect the health of the woman.

The U.S. 6th Circuit Court of Appeals said in its decision that the Michigan law is unconstitutional despite a U.S. Supreme Court ruling that upholds a federal ban on the procedure, the Partial-Birth Abortion Ban Act of 2003.

"We certainly are reluctant to interfere with a statute that represents the will of the elected representatives of the people of Michigan," the appeals court said, referring to a 2004 ballot petition initiative.

more...


Read more: http://www.detnews.com/apps/pbcs.dll/article?AID=/20070604/UPDATE/706040403/1003

[Norquist Nemesis]

1. WTH?? "reluctant to interfere with a statute ...represents of will of

the elected representatives"???? I see. The Constitution is now officially just a quaint piece of history with no meaning.

[rodeodance]

2. courts are generally conservative-not wanting to upset apple carts

[Kagemusha]

3. You did read the part where they blocked the bill anyway, right?

They're being polite about it, but they still blocked it.

[BlueIris]

4. K & R.

C'mon people, let's focus.

[AnOhioan]

5. Appeals Court Rejects Mich. Abortion Law

Source: Associated Press

LANSING, Mich. (AP) -- A federal appeals court Monday rejected Michigan's attempt to ban a procedure opponents call partial-birth abortion, ruling the law unconstitutional because it could also prohibit other abortion procedures.

A three-judge panel of the 6th U.S. Circuit Court of Appeal said the Michigan Legislature would have been "virtually guaranteed" a favorable result on appeal had it copied an Ohio law that the 6th Circuit already has upheld.

"It instead opted to use statutory language that pushed almost every boundary that the Supreme Court has imposed for these types of laws," the judges said.

Previous attempts by Michigan lawmakers to stop the procedure were struck down by federal courts in 1997 and 2001.



Read more: http://hosted.ap.org/dynamic/stories/M/MICHIGAN_ABORTION?SITE=FLTAM&SECTION=US

[mconvente]

6. The battle continues - good for the court's decision though n/t

[Bozita]

7. Mivhigan GOP/Religious Right lose again. Assault on Bill of Rights continues.

IMHO, this ruling will motivate an awful lot of the crazies.

Republicans NEED abortion as an issue.

Never let it die.