Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

December-02-04

Federal Prosecutors Fight to Have Abortion Clinic Protections Upheld

The Assistant US Attorney General argued before the Fifth US Circuit Court of Appeals to have the verdict of a lower court overruled in order to protect the federal Freedom of Access to Clinic Entrances Act (FACE). The FACE Act prohibits not only violence against abortion providers, clinic staff, patients, and volunteers, but also threats of violence. Last year, US District Court Judge Kenneth Hoyt ruled that the federal FACE Act was unconstitutional because it went beyond Congress's constitutional duty to regulate interstate commerce. Six Circuit Courts of Appeals have already ruled the FACE Act is constitutional. In doing so, Judge Hoyt dismissed charges against Frank Bird, who allegedly crashed a van through the doors of the Houston Planned Parenthood Clinic in March of 2003.

Judge Hoyt based his ruling on a 2000 US Supreme Court decision on the constitutionality of the Violence Against Women Act that found that Congress had no authority to "regulate non-economic, violent criminal conduct based solely on that conduct's aggregate effect on interstate commerce." Birdís public defender, Brent Newton, maintained that this case is not about abortion rights, but rather about state rights, reports Kaisernetwork.org.

Assistant US Attorney General Peter Keisler argued that such violence does indeed affect an interstate marketóthat of providing abortions and resources for womenís reproductive health, according to the Associated Press. A third-party brief filed by Legal Momentum, formerly the NOW Legal Defense and Education Fund, concurred, stating that a local attack in one state can intimidate abortion providers all across the country, dissuading them from offering abortions, or leading them to allocate more funds to the security of their clinic, the Associated Press reports.

Keisler also cited several prior court rulings which set a precedent for Congress to regulate local activities if they have a larger national effect. One of the cases actually involved a prior attack by Bird, when he had been convicted of throwing a bottle at the windshield of a doctor who worked at another clinic. For that crime, the Associated Press reports that Bird served a year in a federal prison and paid $820.67 in restitution.

The court did not indicate when it would issue a ruling.

DONATE to protect the right to a safe, legal abortion

Media Resources: Associated Press 11/30/04; Kaiser Daily Reproductive Health Report 9/02/03, 11/30/04; Feminist Daily Newswire 9/02/04


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

10/22/2014 Students Protest Fordham University's Anti-Birth Control Policy - Students at Fordham University are engaged in a battle against the New York City Catholic school's anti-birth control policy. Students for Sex & Gender Equality and Safety (SAGES) has launched a petition drive, calling on Fordham to provide free and confidential access to birth control and STI testing on-campus, free condoms, professional gynecological services at the university, and resources for pregnant women, among other things. . . .
 
10/22/2014 Doctors Warn That Measure 1 Would End In Vitro Fertilization in North Dakota - Doctors at North Dakota's only clinic offering in vitro fertilization (IVF) are speaking out to warn voters that Measure 1, a proposed personhood amendment in the state, would make the practice illegal. Dr. . . .
 
10/21/2014 Afghanistan's New First Lady Advances Women's Issues - Just a few days after moving to the presidential palace, Afghanistan's new First Lady Rula Ghani said that she hopes to encourage greater respect for women. Rula Ghani already broke tradition by participating in her husband, Ashraf Ghani Ahmadzai's, campaign for President. . . .