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Wednesday February 1, 2006
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On Day of Alito Confirmation, Two Courts Rule Partial Birth Abortion Ban Act Unconstitutional
By John-Henry Westen
SAN FRANCISO, February 1, 2006 (LifeSiteNews.com) - While pro-lifers were celebrating the confirmation of Samuel Alito to the Supreme Court, two federal Appellate Courts ruled the Partial Birth Abortion Ban Act unconstitutional.
The 9th Circuit Court in San Francisco, with a reputation of being the most activist court in the nation, ruled unanimously. The ruling, written by Judge Stephen Reinhardt, barred enforcement of the act, affirming a lower court's "permanent injunction." (See the full ruling here: http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F2F40907BCCE...$file/0416621.pdf?openelement )
The 2nd Circuit Court in Manhattan also held the 2003 Partial Birth Abortion Ban unconstitutional. See the ruling here: http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXD...
"This ruling is one of a number of nonsensical abortion rulings handed down by our liberal courts," said Operation Rescue President Troy Newman. "On one had we have courts that convict people like Scott Peterson for double homicide when it involves the death of a pregnant woman and her pre-born baby. Then on the other hand, we have courts that determine that the 'gruesome, brutal, barbaric and uncivilized' partial-birth abortion is a Constitutional right."
"This schizophrenic and immoral misapplication of our laws can no longer be tolerated. These cases must go to the newly seated Supreme Court for adjudication. This will be a golden opportunity for Roberts and Alito to put their conservative judicial philosophies to good use," said Newman.
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