Forced abortions are legal??

[Celia]

http://www.pop.org/main.cfm?id=203&r...evel=2&eid=543

I got this link from the Steve Ray board.


Does anyone know anything more about this and other cases? It's sickening!

[Marian84]

That is so awful! It clearly illustrates that in abortion there are really two victims..

[kaymart]

Those two cases are a terrible violation of human rights. They talk about "Choice" But it doesn't sound like either woman had a "choice"

[WanderAimlessly]

I think I have heard of this case before. These doctors and judges think they are above the law. It is time to get people in power who will come down hard of these people.

PF

[Tristan daCunha]

From the description in the link, it sounds as if the woman had a good case for charging assault and several other crimes against the doctor. Not to mention a civil lawsuit. In fact, it sounds as if the state medical board should have revoked his license to practice.

I wonder if Jane Roe pursued any of those avenues of redress.

In reading through the court's decision, it seems that Jane Roe had incompetant legal representation.

In contrast, during his deposition Dr. Egherman explained that a doctor cannot obey a woman’s demand that the abortion be stopped at just any time, because she might risk death if he did so. There is, according to his unrebutted testimony, “a point of no return.” (Egherman Dep. at 160.) He also specifically testified that his interest was in protecting Roe’s health and safety.

In response to a question from Roe’s counsel about how Dr. Egherman determined that it was necessary to restrain a patient, he explained that a patient is restrained “if his or her actions to leave would jeopardize his or her health.” Dr. Egherman was explicit that Roe’s “attempt to leave would have put her life or her
health in danger.”

One last argument merits discussion. Roe contends that the defendants attempted to perform a forced abortion on her and given that fact, as a matter of law, the only possible motivation that the defendants could have had was to violate FACE. She cites no authority for this argument, but explains that because the effect of the defendants’ actions would have been to end her pregnancy, she would be unable to obtain reproductive health services elsewhere. Roe’s theory is unsound because it confuses motive with effect. While continuing an abortion after a patient wishes it to stop does have the effect of preventing that patient from obtaining reproductive health services elsewhere, that is merely a side-effect when the abortionist is motivated by a desire to protect the health and safety of the mother because the procedure has progressed too far to stop or complications have
arisen that require continuing it. FACE is only violated when the motivation requirement is met. Roe II, 253 F.3d at 680-81. Here it was not.

http://www.ca11.uscourts.gov/opinions/ops/200314071.pdf
(Page 11 and 13-14)

[jediliz]

women are also coerced into abortions by the father of the baby.........so in a way, that's a forced abortion.


to End abortion

[Traditional Ang]

Why were all of these people not deposed? What happened to them? Were they sent out of town? Were they deported at just the right time so they couldn't testify as to what they saw?

During discovery, only Roe, Dr. Egherman, and the Windles were deposed. The patient advocate, whose job was to focus on Roe’s emotional needs and concerns, was not deposed. Dr. Egherman’s surgical assistant was not deposed. The various clinic personnel who entered the surgery room once Dr. Egherman determined there was a problem and began calling out for a sonogram machine and help were not deposed. And, of those who were deposed, the Windles were of no help to Roe in establishing motive because they were not even at the clinic when Dr. Egherman attempted to abort her fetus. That leaves only the depositions of Roe and Dr. Egherman to consider.

Pages 8 and 9 of JANE ROE, II, Plaintiff-Appellant,
versus
AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR.,
PATRICIA BAIRD WINDLE,
WILLIAM P. EGHERMAN, M.D.,
Defendants-Appellees.

Did Jane Roe's Atty screw up? or, Did the trial judge fail to order the Abortion Mill to turn the employees over for questioning and then warn the Abortion Mill against punative discharges or other disciplinary actions against them for testifying in this case?

and, Why did the Appeals Court not demand the woman's right to a FAIR Trail and to be able to present a full and complete case unhampered by corrupt Abortionists and a judge who may very well have been in their pockets?

In "Loser Pays" this poor woman would have to pay the legal fees for this Abortion Mill that kept her from being able to depose the employees who were coming and going and responsible for her.

That means the Abortionists would have victimized her twice!

This needs to be a wake up call to those who live in Florida. You just can't keep ignoring the corruption and incompetence on the Florida Bench.

A Florida Judge helped murder Terri Schiavo and gave the Forces of death the precedent they had worked so long and hard to get, and now this!

I just can't see how this can go on much longer.

In Christ, Michael