Saturday, June 27, 2009
"People will look back on the gruesome practice of dismembering a partly born child, crushing its skull. And they will shudder," says Va. Judge
Richmond, Va., Jun 26, 2009 / 03:23 am (CNA).- The Fourth U.S. Circuit Court of Appeals in a 6-5 decision on Wednesday upheld Virginia’s partial-birth abortion ban. In his concurring opinion, one judge wrote that the law protects the “weakest” and “most helpless” and condemned the use of the Constitution to justify “dismembering” a partly born child and “crushing” its skull.
In its ruling “Richmond Medical Center v. Herring,” the court said the 2003 Virginia law does not unduly burden a woman’s legal right to terminate a pregnancy by more conventional means. It also ruled the law is clear about the type of procedure banned and adequately protects women’s health.
The decision reverses a May 2008 2-1 panel decision which struck down the law, which is similar to a federal statute prohibiting a procedure in which the baby is partially delivered and then killed.
According to the Alliance Defense Fund, the U.S. Supreme Court ordered the Fourth Circuit panel to revisit its original September 2007 decision that the ban was unconstitutional. The Supreme Court had upheld a partial-birth abortion ban in the case “Carhart v. Gonzales.”
Judge Paul V. Niemeyer authored the majority opinion in Wednesday’s decision, which won the concurrence of Judge J. Harvie Wilkinson III.
"A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection," Judge Wilkinson wrote.
“The fact is that we--civilized people—are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull,” his opinion continued. “Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder.”
According to the Associated Press, Judge M. Blane Michael in a dissenting opinion said the law was unconstitutional because it imposes criminal liability on any doctor who intends to perform a “standard D&E” that “by accident becomes an intact D&E.”
Opponents of the law unsuccessfully argued it was unconstitutional on the grounds the procedure was too broadly defined it would prohibit the most common form of second-trimester abortion, known as a “dilation and extraction.”
In medical terminology, a partial-birth abortion is described as an “intact” dilation and extraction.
“To hold the Virginia Act facially unconstitutional for all circumstances based on the possible rare circumstance presented... is not appropriate under any standard for facial challenges,” the Fourth Circuit’s Wednesday decision read.
It added that the law provides “sufficient clarity” about prohibited conduct to enable a doctor of “reasonable intelligence” to avoid criminal liability.
Violation of the law is a felony punishable by up to 10 years in prison and a fine of up to $100,000.
All six judges who upheld the law were appointed by Republican presidents while the five dissenters were Democratic appointees.
Jordan Lorence, Senior Counsel for the pro-life Alliance Defense Fund, said the initial ruling of the three-judge panel “conflicted significantly” with the U.S. Supreme Court’s decision.
“No one should be allowed to decide that an innocent life is worthless. Virginia has legitimately chosen to protect innocent life from a terrible procedure, and the court was right to uphold Virginia’s law,” he added.
Posted by Moms For Life at 12:28 AM
"I Am Personally Responsible for over 75,000 Abortions"
*This video was made during the campaign to ban abortion in South Dakota. Bernard Nathanson repented of his ways and has became Catholic.*
Catholic Colleges & Universities Loyal to the Magisterium of the Catholic Church
- Aquinas College (TN)
- Ave Maria (FL)
- Belmont Abbey College (NC)
- Benedictan College (KS)
- Campion College (Sydney, Australia)
- Catholic Distance University
- Christendom College (VA)
- College of Our Lady of Corpus Christi (TX)
- College of St. Thomas More (TX)
- Dominican House of Studies (Washington, D.C.)
- Franciscan University of Steubenville (OH)
- Holy Apostles Seminary and College (CT)
- John Paul II Institute for Studies on Marriage and Family (Washington, D.C.)
- Magdalen College (NH)
- Notre Dame Graduate School of Christendom College (VA)
- Saint Joseph's College of Maine (ME)
- Southern Catholic College (GA)
- St. Augustine Institute (CO)
- St. Gregory's University (OK)
- Thomas Aquinas College (CA)
- Thomas More College of Liberal Arts (LA)
- University of Sacramento (CA)
- Wyoming Catholic College (WY)
Randall Terry, founder Operation Rescue, addresses the assassination of George Tiller. Mr. Terry urges the pro-life movement to not surrender words and actions under the heavy opposition from child killers and the Obama administration.
- Women for Faith and Family
- One More Soul ~ Spreading the Truth about the Blessings of Children & the Harms of Contraception
- Pope Paul VI Institute ~ Authentically Catholic Medical Institute for Fertility Problems
- The Alexander House ~ For Rebuilding & Strengthening Marriages
- Edith Stein Foundation ~ Medical Information on Contraception & Fertility Issues
- Retrouvaille ~ For Troubled Marriages
- Couple to Couple League ~ Natural Family Planning
- Pope Paul VI: Humane Vitae
Abortion ~ Facts and Information
- Rachel's Vineyard is a safe place to renew, rebuild and redeem hearts broken by abortion. Weekend retreats offer you a supportive, confidential and non-judgmental environment where women and men can express, release and reconcile painful post-abortive emotions to begin the process of restoration, renewal and healing. It is therapy for the soul.
- Hope After Abortion ~ The Catholic Church's post-abortion ministry
- Silent No More Awareness ~ An effort to make the public aware of the devastation abortion brings to women, men, and families
- Feminists For Life
- Abortion Facts
- Overpopulation Myths
- Abortion and the Black Community: BlackGenocide.org
- Second Look Project ~ Encourages those who are "pro-choice" to take a second look at their position on abortion
- The Elliot Institute ~ The leader in research regarding the after effects of abortion on women and men
- Priests For Life
Pregnancy Help & Hotlines
Help for Addictions
- Government, Law, & Political Responsibility. Click HERE to contact White House, U.S. Senate, House of Reps, Supreme Court, etc. See also Suggestions for Effective Letter Writing
- FOCA FACT Sheet & In-Depth Info to help EDUCATE those around you about this radical law that will increase the number of abortions and make it even more UNSAFE for WOMEN.
- Federal Legislative Action Center: Contact your STATE Reps. HERE. ~ Plus much MORE to help INFORM us in this VITAL fight against FOCA ~ We must ACT NOW!!!
- Spiritually Adopt a Pre-born Baby Today! Click HERE to learn more.
- Begin Planned Parenthood Fraud Investigation in Your State! Click HERE for Details.
Go On Retreat!
- Casa Maria Convent & Retreat House ~ Located 1 mile from EWTN, The Sisters of the Eternal Word's apostolate is prayer, catechesis, and retreats. They invite zealous and excellent retreat masters to share with you their experience and knowledge of our holy Catholic Faith. Casa Maria is blessed with devout priests who celebrate the Liturgy with great reverence. They encourage devotion to the Blessed Sacrament and love of our Blessed Mother, and they draw upon the rich musical heritage of the Church.
- Sisters for Life ~ Villa Maria Guadalupe ~ The retreat house hosts Evenings of Recollection, educational seminars on life issues and retreats for everyone (themes include Theology of the Body, Young Adult Retreats, Post-Abortion Healing, and retreats on the Dignity and Vocation of Women).
Books for Children
More Recommended Reading
- Abortion: Yes or No? by John L. Grady, M.D.
- Changed ~ Making Sense of Your Own or a Loved One's Abortion Experience, by Michaelene Fredenburg
- Ending Abortion Not Just Fighting It, by Fr. Frank A. Pavone, M.E.V.
- Evangelium Vitae (The Gospel of Life), by Pope John Paul II
- God Is Love, An Encyclical Letter of Pope Benedict XVI
- Humane Vitae: A Challenge to Love, by Pope Paul VI
- Is the Fetus Human? by Eric Pastuszek
- Led by Faith, by Immaculee Ilibigiza
- Left to Tell, by Immaculee Ilibigiza
- Living the Gospel of Life ~ the pastoral statement issued by U.S. Catholic Bishops
- Noise, by Teresa Tomeo
- Our Lady of Guadalupe, Hope for the World by Dan Lynch
- Render Unto Caesar, by Charles J. Chaput
- The Way to Love, by Anthony De Mello
- Won By Love, by Norma McCorvey