South Dakota, the Federal Courts, and the Constitution
From: http://www.lifenews.com/2011/05/27/south-dakota-planned-parenthood-sues-abortion-waiting-period-law/
“South Dakota: Planned Parenthood Sues Abortion-Waiting Period Law
by Steven Ertelt
Pierre, SD
LifeNews.com
5/27/11 1:39 PM
The Planned Parenthood abortion business has filed a lawsuit against a new South Dakota law that instituted the longest abortion waiting period in the country—72 hours. The measure also helps women find abortion alternatives.
Planned Parenthood of Minnesota, North Dakota, South Dakota, in conjunction with the national Planned Parenthood abortion business and the ACLU, filed suit against the state of South Dakota and Republican Governor Dennis Daugaard over the law, slated to take effect on July 1, that would require women considering an abortion to visit a crisis pregnancy center before going to an abortion business to get counseling on abortion’s alternatives as well as the risks associated with having one.
The idea behind the bill—which goes further than legislation in other states—is to get women tangible pregnancy help and support that they won’t normally find at an abortion center. The counseling would not require any out of pocket expense on behalf of the women considering an abortion.”
“PPFA (Planned Parenthood [Let’s be truthful—MURDERHOOD] Federation of America—my addition) attorney Mimi Liu claimed the law ‘has both the purpose and the effect of severely restricting access to health care (The law provides FREE medical counseling! How in the world does that severely restrict access to health care? Also, MURDERING an unborn child is NOT and NEVER will be health care!!!—my addition), and violates patients’ and physicians’ First Amendment rights against compelled speech (What “First Amendment rights against compelled speech?” What does that even mean?—my addition) and patients’ right to privacy in their personal and medical information.’
And Brigitte Amiri, senior staff attorney with the ACLU, said, ‘It is demeaning for the government to force a woman to visit a non-medical facility with a political agenda when she is making one of the most personal medical (It is NOT a medical decision to MURDER!!! States have a right, States have a duty to protect its citizens including and especially the most innocent and vulnerable!!!—my addition) decisions of her life. We hope the court (Which court?—my addition) will stop the law from going into effect.’
South Dakota Gov. Dennis Daugaard signed the bill into law, saying, ‘I think everyone agrees with the goal of reducing abortion (NOT Planned MURDERHOOD! They have NO desire to reduce the number of MURDERS they commit!—my addition) by encouraging consideration of other alternatives. I hope that women who are considering an abortion will use this three-day period to make good choices.’
The governor, before signing the law, said he has talked with state attorneys who are willing to defend the law and he pointed to a private donor who is willing to finance the state’s costs for defending the law.
About half of the states across the country have a waiting period but typically of 24 hours in length. No other state requires women to visit a pregnancy center beforehand but many give women information about such centers—which provide tangible help for pregnant women.
Representative Roger Hunt, a Republican from Brandon who sponsored the bill, said he’s been contacted by many women who made it clear they did not get adequate information or counseling about abortion before getting their abortion at the Planned Parenthood in Sioux Falls, the state’s only abortion center. Women have told him of how they have been pressured into getting abortions but that the Planned Parenthood abortion center does nothing to help them resist it—just selling them an abortion. (Do they even have a consultation with the doctor who commit’s the actual MURDER before the MURDER occurs?—my addition)
‘This is a matter of life. This is a matter of taking life,’ (This is a matter of MURDER—my addition) Hunt said, according to an AP report. ‘This is about information and blocking coercion. These are all good and noble objectives.’
The Catholic Diocese of Sioux Falls strongly supported the bill, saying it would provide the necessary ‘informed consent that must be given to mothers considering an abortion so that they are protected and not coerced.’
‘This additional protection will also help to insure that mothers are as fully aware as possible of the implications and ramifications of the grave decision to terminate (MURDER—my addition) the most sacred gift of life,’ it said.
The bill also requires the abortion practitioner to verify that there is no pressure or coercion on the mother when she makes the decision to have an abortion.
The House voted 49-19 for the bill, but, first, Democratic Rep. Peggy Gibson and other abortion advocates promised the bill would be challenged in court as supposedly unconstitutional and intruding into the doctor-patient relationship—even though women getting abortions have never met the abortion practitioner beforehand. (So much for a doctor-patient relationship!—my addition)
The Judiciary Committee voted 9-4 for the bill. Several women who testified before the panel in its hearing on the bill said the state’s lone abortion center, run by Planned Parenthood in Sioux Falls, does not provide adequate pre-abortion counseling.
Brittany Weston, of Yankton, became pregnant at age 22 and her partner insisted she have an abortion because he did not want to pay child support for raising the baby. Before the abortion, Weston only spoke with staff at Planned Parenthood and she said she wanted the abortion clinic to provide her with help on how to deal with the situation—instead, it did an abortion and took the life of her child.
‘If this bill you’re discussing today was law at that time, I would have my child right now and he would be about 5 years old,’ Weston said. ‘They took something from me I’ll never get back—my child and my soul.’
Kimberly Martinez, executive director of the Alpha Center in Sioux Falls, told legislators her pregnancy center has trained experts ready to assist pregnant women with options and alternatives.”
Although the article does not specifically state where the court case will begin, the practice is to begin this case, as with similar cases, in an inferior federal court. From the article, the State of South Dakota has only one MURDER center in the State which is operated by Planned MURDERHOOD. The State of South Dakota has a population of less than 900,000 and has only one member in the House of Representatives. And yet, Planned MURDERHOOD is suing to “protect” its so-called “right” to MURDER unborn babies arguing that a State law passed by duly elected representatives of the people is unconstitutional under the federal Constitution.
And yet, if this court case begins in an inferior federal court, as similar cases have in the past, the whole process will be a direct and obvious violation of the United States Constitution! Does that make any sense—using an unconstitutional process to rule a legitimately passed State law to be unconstitutional!
For as I’ve said repeatedly, NO inferior federal court judge has jurisdiction over a State. NONE! The Constitution of the United States of America clearly states in Article III, Section 2, ¶ 2: “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.” Who has jurisdiction when a State is a party to the case? The United States Supreme Court!!! And only the United States Supreme Court until and unless the Constitution is amended!!! An inferior federal court has no such jurisdiction! The inferior federal courts in the United States have NO jurisdiction over States! NONE!!!
And yet, I would venture to guess, that at one time or another, almost every State in the Union, if not every State, has been unconstitutionally sued in an inferior federal court. It’s time, it is past time to TAKE BACK THE NATION!!! It’s time, it past time to be obedient to the Constitution of the United States!!! It’s time, it is past time to TAKE BACK THE NATION!!!
From: http://www.lifenews.com/2011/05/27/south-dakota-planned-parenthood-sues-abortion-waiting-period-law/
“South Dakota: Planned Parenthood Sues Abortion-Waiting Period Law
by Steven Ertelt
Pierre, SD
LifeNews.com
5/27/11 1:39 PM
The Planned Parenthood abortion business has filed a lawsuit against a new South Dakota law that instituted the longest abortion waiting period in the country—72 hours. The measure also helps women find abortion alternatives.
Planned Parenthood of Minnesota, North Dakota, South Dakota, in conjunction with the national Planned Parenthood abortion business and the ACLU, filed suit against the state of South Dakota and Republican Governor Dennis Daugaard over the law, slated to take effect on July 1, that would require women considering an abortion to visit a crisis pregnancy center before going to an abortion business to get counseling on abortion’s alternatives as well as the risks associated with having one.
The idea behind the bill—which goes further than legislation in other states—is to get women tangible pregnancy help and support that they won’t normally find at an abortion center. The counseling would not require any out of pocket expense on behalf of the women considering an abortion.”
“PPFA (Planned Parenthood [Let’s be truthful—MURDERHOOD] Federation of America—my addition) attorney Mimi Liu claimed the law ‘has both the purpose and the effect of severely restricting access to health care (The law provides FREE medical counseling! How in the world does that severely restrict access to health care? Also, MURDERING an unborn child is NOT and NEVER will be health care!!!—my addition), and violates patients’ and physicians’ First Amendment rights against compelled speech (What “First Amendment rights against compelled speech?” What does that even mean?—my addition) and patients’ right to privacy in their personal and medical information.’
And Brigitte Amiri, senior staff attorney with the ACLU, said, ‘It is demeaning for the government to force a woman to visit a non-medical facility with a political agenda when she is making one of the most personal medical (It is NOT a medical decision to MURDER!!! States have a right, States have a duty to protect its citizens including and especially the most innocent and vulnerable!!!—my addition) decisions of her life. We hope the court (Which court?—my addition) will stop the law from going into effect.’
South Dakota Gov. Dennis Daugaard signed the bill into law, saying, ‘I think everyone agrees with the goal of reducing abortion (NOT Planned MURDERHOOD! They have NO desire to reduce the number of MURDERS they commit!—my addition) by encouraging consideration of other alternatives. I hope that women who are considering an abortion will use this three-day period to make good choices.’
The governor, before signing the law, said he has talked with state attorneys who are willing to defend the law and he pointed to a private donor who is willing to finance the state’s costs for defending the law.
About half of the states across the country have a waiting period but typically of 24 hours in length. No other state requires women to visit a pregnancy center beforehand but many give women information about such centers—which provide tangible help for pregnant women.
Representative Roger Hunt, a Republican from Brandon who sponsored the bill, said he’s been contacted by many women who made it clear they did not get adequate information or counseling about abortion before getting their abortion at the Planned Parenthood in Sioux Falls, the state’s only abortion center. Women have told him of how they have been pressured into getting abortions but that the Planned Parenthood abortion center does nothing to help them resist it—just selling them an abortion. (Do they even have a consultation with the doctor who commit’s the actual MURDER before the MURDER occurs?—my addition)
‘This is a matter of life. This is a matter of taking life,’ (This is a matter of MURDER—my addition) Hunt said, according to an AP report. ‘This is about information and blocking coercion. These are all good and noble objectives.’
The Catholic Diocese of Sioux Falls strongly supported the bill, saying it would provide the necessary ‘informed consent that must be given to mothers considering an abortion so that they are protected and not coerced.’
‘This additional protection will also help to insure that mothers are as fully aware as possible of the implications and ramifications of the grave decision to terminate (MURDER—my addition) the most sacred gift of life,’ it said.
The bill also requires the abortion practitioner to verify that there is no pressure or coercion on the mother when she makes the decision to have an abortion.
The House voted 49-19 for the bill, but, first, Democratic Rep. Peggy Gibson and other abortion advocates promised the bill would be challenged in court as supposedly unconstitutional and intruding into the doctor-patient relationship—even though women getting abortions have never met the abortion practitioner beforehand. (So much for a doctor-patient relationship!—my addition)
The Judiciary Committee voted 9-4 for the bill. Several women who testified before the panel in its hearing on the bill said the state’s lone abortion center, run by Planned Parenthood in Sioux Falls, does not provide adequate pre-abortion counseling.
Brittany Weston, of Yankton, became pregnant at age 22 and her partner insisted she have an abortion because he did not want to pay child support for raising the baby. Before the abortion, Weston only spoke with staff at Planned Parenthood and she said she wanted the abortion clinic to provide her with help on how to deal with the situation—instead, it did an abortion and took the life of her child.
‘If this bill you’re discussing today was law at that time, I would have my child right now and he would be about 5 years old,’ Weston said. ‘They took something from me I’ll never get back—my child and my soul.’
Kimberly Martinez, executive director of the Alpha Center in Sioux Falls, told legislators her pregnancy center has trained experts ready to assist pregnant women with options and alternatives.”
Although the article does not specifically state where the court case will begin, the practice is to begin this case, as with similar cases, in an inferior federal court. From the article, the State of South Dakota has only one MURDER center in the State which is operated by Planned MURDERHOOD. The State of South Dakota has a population of less than 900,000 and has only one member in the House of Representatives. And yet, Planned MURDERHOOD is suing to “protect” its so-called “right” to MURDER unborn babies arguing that a State law passed by duly elected representatives of the people is unconstitutional under the federal Constitution.
And yet, if this court case begins in an inferior federal court, as similar cases have in the past, the whole process will be a direct and obvious violation of the United States Constitution! Does that make any sense—using an unconstitutional process to rule a legitimately passed State law to be unconstitutional!
For as I’ve said repeatedly, NO inferior federal court judge has jurisdiction over a State. NONE! The Constitution of the United States of America clearly states in Article III, Section 2, ¶ 2: “In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.” Who has jurisdiction when a State is a party to the case? The United States Supreme Court!!! And only the United States Supreme Court until and unless the Constitution is amended!!! An inferior federal court has no such jurisdiction! The inferior federal courts in the United States have NO jurisdiction over States! NONE!!!
And yet, I would venture to guess, that at one time or another, almost every State in the Union, if not every State, has been unconstitutionally sued in an inferior federal court. It’s time, it is past time to TAKE BACK THE NATION!!! It’s time, it past time to be obedient to the Constitution of the United States!!! It’s time, it is past time to TAKE BACK THE NATION!!!
posted by Christian Gunslinger at 5:36 AM
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