Partial-birth Abortion Ban Struck Down By Two Appeal Courts

Partial-birth abortion is just that - the baby is delivered, feet first. But, before the baby's head comes through the birth canal, the doctor splits open the baby's head and sucks out the brains. Can you imagine what that baby is feeling, the pain it goes through?

Partial-birth abortion, known as D&X in medical circles, is a procedure in which an abortion doctor partially delivers a late-term baby, feet first, until only the head remains in the birth canal. The doctor then splits open the head and suctions out the brain before delivering a dead child. One nurse who witnessed the procedure testified as to seeing a baby's hands "clasping and unclasping" and its feet "kicking" before it was killed.

The Ninth Court Circuit of Appeals in San Francisco had a 3-0 vote. It is considered the most liberal appeals court, with two judges appointed by President Clinton, and one by President Clinton. New York City's Second Circuit Court of Appeals was split 2-1. But, two of the judges took time to criticize the Supreme Court's 2000 ruling that struck down bans on partial-birth abortion.

John M. Walker Jr., chief judge of the Second Circuit, called partial-birth abortion "deeply disturbing" and "morally repugnant."

"[I]t is my duty to follow that precedent no matter how personally distasteful the fulfillment of that duty may be," Walker, a nominee of the first President Bush, wrote in a concurring opinion.

Judge Chester J. Straub, a nominee to the Second Circuit Court of Appeals by President Clinton, said in his dissent:

"[A]llowing a physician to destroy a child as long as one toe remains within the mother would place society on the path towards condoning infanticide," Straub wrote. "... 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."

Although these judges disapprove of the procedure, it is their job to go by the law of the land. The Partial Birth Abortion Ban was signed into law in 2003 by President Bush, but the courts have prevented it from being enforced. The Partial Birth Abortion Ban Act has no health exception, so the courts cited Supreme Court Precedent for striking it down. The rulings are expected to be appealed.

Linked at Conservative Cat
Thanks to Cao's Blog - Midweek OTB

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