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Indiana abortion law ruled unconstitutional.

  

Category:  News & Politics

Via:  epistte  •  6 years ago  •  25 comments

Indiana abortion law ruled unconstitutional.

The 7th Circuit Court of Appeals has affirmed a district court ruling striking down a Pence-era abortion law. 

House Enrolled Act 1337 was signed by former Gov. Mike Pence in March 2016. Among other "non-discrimination provisions," the law prohibited abortions sought because a fetus had been potentially diagnosed with a disability.

In an opinion filed Thursday , 7th Circuit Judge William J. Bauer called those provisions unconstitutional.  

"The non-discrimination provisions clearly violate well-established Supreme Court precedent holding that a woman may terminate her pregnancy prior to viability, and that the State may not prohibit a woman from exercising that right for any reason," he wrote for the three-judge panel that ruled on the case.

Jane Henegar, executive director of the American Civil Liberties Union of Indiana , said in a written statement that Thursday's decision "affirmed a woman's fundamental right to make her own personal medical decisions." 

"This ruling is a victory for women and another repudiation of attempts by Indiana politicians to restrict — and even ban — access to abortion care," she said. "Deeply personal decisions about abortion should be made by women in consultation with their doctors — not by politicians or government bureaucrats.”


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epistte
Junior Guide
1  seeder  epistte    6 years ago

 Another conservative attempt to ban abortion has been struck down by the courts. If a woman wants to terminate a pregnancy it should be her choice and not that of a pandering political or the religious belief of a busty body who cannot manage to keep to themselves.  It is her body and only her choice.

 
 
 
Freefaller
Professor Quiet
1.1  Freefaller  replied to  epistte @1    6 years ago

You'd figure after awhile people would see what a waste of time and money it is to try and impose these laws and stop doing it.  But apparently not.

 
 
 
Skrekk
Sophomore Participates
1.1.1  Skrekk  replied to  Freefaller @1.1    6 years ago

They pass these laws in a futile effort to bring a challenge before SCOTUS.   The reality is that the district courts and appeals courts slam down these unconstitutional restrictions and appeals to SCOTUS never get granted cert.

 
 
 
epistte
Junior Guide
1.1.2  seeder  epistte  replied to  Freefaller @1.1    6 years ago
You'd figure after awhile people would see what a waste of time and money it is to try and impose these laws and stop doing it.

Ohio passed a similar law a few months ago in the attempt to ban abortions of a child with downs and other birth defects. I assume that law is now also unconstitutional.

Conservatives don't get excited over economic policy but this draconian abortion and LGBT rights legislation that pander to their religious beliefs keep them voting Republican at the polls, even when those votes hurt them economically. 

Kasich is usually smart enough to stay away from this fundamentalist idiocty but he still needs to keep them voting for the party, even when he isnt on the ballot. 

The Ohio Speaker of the House (R) resigned this week because he is under FBI investigation.

 
 
 
Gordy327
Professor Expert
1.2  Gordy327  replied to  epistte @1    6 years ago
Another conservative attempt to ban abortion has been struck down by the courts.

How many does that make now? I imagine it must be quite a few by now.

If a woman wants to terminate a pregnancy it should be her choice and not that of a pandering political or the religious belief of a busty body who cannot manage to keep to themselves.

Agreed. Now, try telling them that.

 
 
 
Randy
Sophomore Participates
1.4  Randy  replied to  epistte @1    6 years ago

The keep these challenges in hopes that someone like Trump will get enough judges on the SCOTUS who will overturn Roe V Wade, but they don't understand that it is just not that easy. Roe has been the law, the precedent, based in the Constitution by a previous Supreme Court, for many, many years and even Justices who may be personally opposed to it have reservations about over turning an established Supreme Court precedent. They have to not only say that the new proposed law in front of them in correct in overturning Roe, they also have to enter a convincing argument why their brethren who ruled that the Roe decision was correct, were wrong and where they were wrong and why they were wrong. They have to dismantle what their previous justices did were wrong. That's a hard thing to get a Justice to do.

 
 
 
DocPhil
Sophomore Quiet
2  DocPhil    6 years ago

This law was draconian and was going to be unconstitutional from the start. The  only thing it didn't have was was the hanging of the doctors who performed abortions. Pence was the most anti-choice governor in the country and the people in his state made him the most unpopular governor in the country. When Trump picked him for VP, he couldn't win an election for dog-catcher in his home town. His abortion stance was part of the reason.

 
 
 
Kavika
Professor Principal
3  Kavika     6 years ago

 I've lost count of how many times the court explained the constitution to them. 

 
 
 
Raven Wing
Professor Guide
3.1  Raven Wing  replied to  Kavika @3    6 years ago

They only hear what they want to hear...and that is only what they have to say, the courts be damned, as well as the Constitution. They only want to recognize the parts that meet their agenda. 

 
 
 
epistte
Junior Guide
3.2  seeder  epistte  replied to  Kavika @3    6 years ago
I've lost count of how many times the court explained the constitution to them.

It has been proven many times that social conservatives don't care about the Constitution, because they don't understand it. They still believe that their interpretation of the Bible is the ultimate rule of the land, except when mentioning the Constitution suits their cherry picked arguement. Amusingly they also claim that they are small government libertarians that support religious freedom, but only for people like them and who share the hatred of the same people or ideas.

 
 
 
LynneA
Freshman Silent
4  LynneA    6 years ago

The true beneficiaries of these lawsuits are organization through donations and lawyers being paid with tax dollars...big money maker!

 
 
 
Gordy327
Professor Expert
4.1  Gordy327  replied to  LynneA @4    6 years ago
The true beneficiaries of these lawsuits are organization through donations and lawyers being paid with tax dollars...big money maker!

Indeed. And the taxpayers either do not complain or do nothing about the repeat legal battles.

 
 
 
LynneA
Freshman Silent
4.1.1  LynneA  replied to  Gordy327 @4.1    6 years ago

Yep...no cure for stupid, don't even realize they're being fleeced.

 
 
 
Paula Bartholomew
Professor Participates
5  Paula Bartholomew    6 years ago

I am betting that the married politicians who are against abortions would not hesitate to insist on one if their mistresses turned up pregnant.

 
 
 
Raven Wing
Professor Guide
5.1  Raven Wing  replied to  Paula Bartholomew @5    6 years ago

Agreed.

 
 
 
epistte
Junior Guide
5.2  seeder  epistte  replied to  Paula Bartholomew @5    6 years ago
I am betting that the married politicians who are against abortions would not hesitate to insist on one if their mistresses turned up pregnant.

Scott Desjarlais agrees with you. His hypocrisy is Trumpesque in scope. 

  • Republican Congressman Scott DesJarlais has largely managed to avoid scrutiny of his sexual conduct, although they conflict with his family-values platform 
  • DesJarlais, 53, said he supported his first wife Susan Lohr's decision to have two abortions while they were together
  • Before becoming a politician and while he was a doctor in Tennessee, still married to Susan, the Christian man admitted to sleeping with two patients
  • He said he prescribed the now-banned painkiller Darvocet to one of the women. The father took her to Las Vegas and bought her an $875 watch
  • When the second patient he was sleeping with, who was 24 at the time, thought she was pregnant, DesJarlais offered to take her to Atlanta to have an abortion
  • The politician said he slept with six women, including three co-workers and a drug company representative, during his three-year marriage to Susan 
  • But now, the remarried DesJarlais proclaims that he is 'pro-life and proud of it', and that 'God has forgiven me' 


 
 
 
LynneA
Freshman Silent
5.2.1  LynneA  replied to  epistte @5.2    6 years ago

Ah yes, Scott...I live in his district and was in shock at his last re-election.  As above, no cure for stupid.  anger

 
 

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