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Judge Places Injunction On Partial Birth Abortion Ban.  Ignores Fetal Pain

FOR IMMEDIATE RELEASE June 2, 2004

Yesterday, United States District Court Judge Phyllis Hamilton issued a permanent injunction against the Partial Birth Abortion Ban, which was overwhelmingly passed by both houses of Congress and is supported by the vast majority of Americans.  Partial birth abortion kills unborn children during delivery by puncturing the skull and suctioning the unbornís brains out.  Expert trial testimony has shown that the unborn is alive during the procedure and that it is excruciatingly painful to the unborn.  Expert testimony also confirmed that partial birth abortion is never necessary for the physical health of the mother.  Abortion advocates, who have argued for over 30 years that abortion is safe now that it is legal, have suddenly argued for partial birth abortion because it is safer than other methods.  The injunction will apply primarily to Planned Parenthood Affiliates, who brought the suit.  

             Judge Hamilton rejected the bill in part because it was deemed an undue burden.  She dismissed as irrelevant the excruciating pain felt by the unborn during a Partial Birth Abortion because a Dilation and Extraction (D & E) abortion in which the child is dismembered in the womb, would be equally painful.  This reflects the testimony of some partial birth abortion witnesses who said that they hadnít considered the unbornís pain nor deemed it relevant.  It is doubtful that these kinds of brutal procedures could be performed on unborn animals without shock and outrage.  Hamilton and Planned Parenthood believe that this unnecessary and inhumane treatment of defenseless and innocent human beings should be left to personal choice. 

The November election presents America with a clear choice.  A one-vote shift on the Supreme Court would allow the ban on partial-birth abortions to be upheld.  President George W. Bush has and will continue to appoint judges who will support this ban.  He will promote a culture of life in which every child is welcomed to life and protected in law.  John Kerry will ensure that these brutal partial birth abortions of helpless unborn children will continue with the full force of the federal government and eventually, with tax payer funding.  If John Kerry is elected, there will be more judges like Phyllis Hamilton and more partial birth abortion.

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