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Politics : Impeach George W. Bush

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To: donjuan_demarco who started this subject12/30/2003 9:06:07 AM
From: jttmab  Read Replies (1) of 93284
 
Once again a conservative initiative gets slapped down as "unconstitutional". .... Republicans aren't too keen on the US Constitution.... line item veto, rights of habeous corpus, the right to an attorney, States Rights .... they just keep stabbing away at the Constitution.

Judge declares N.H. law requiring parental notice for minors to get abortions unconstitutional
STEPHEN FROTHINGHAM, Associated Press Writer

12-29) 11:41 PST CONCORD, N.H. (AP) --

A federal judge on Monday declared a New Hampshire law that would require parental notice before a minor could get an abortion to be unconstitutional.

The ruling came two days before the law was to have taken effect.

U.S. District Judge Joseph DiClerico said the law is unconstitutional because it lacks an exception to protect the minor's health.

Attorney General Peter Heed had argued that that law gave judges enough leeway to grant exceptions, but DiClerico disagreed.

"The attorney general has not explained how the judicial bypass provision would address the need for an immediate abortion to protect the health of the mother, and the provision on its face is insufficient to meet such a need," the judge wrote.

The state law requires abortion providers to notify at least one parent at least 48 hours before performing an abortion on a minor. The parent would not have to approve the abortion. The girl also could asked a judge for permission, which would have to be granted if the girl was mature enough or the abortion was in her best interest.

Similar laws have been struck down in other states.

This summer, the Florida Supreme Court struck down a version there, saying the law violated privacy rights guaranteed by the state Constitution. A federal appeals court in Denver last year ruled that a similar Colorado law was unconstitutional because it provided no exceptions for health emergencies. .........

sfgate.com

jttmab
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