(Fwd) Re: GEN: Rainy Night In Georgia
From: Robert J. Carpenter, Jr. MD (zygote@icsi.net)
Wed Jan 21 21:19:26 2004
sending again
------- Forwarded message follows -------
From: Robert J. Carpenter, Jr. MD <zygote@icsi.net>
To: ob-gyn-l@obgyn.net
Subject: Re: GEN: Rainy Night In Georgia
Date sent: Wed, 14 Jan 2004 18:46:16 -0600
here is the appellate decision for those who would like to read. Sorry
about my spelling last posting!
On 14 Jan 2004 at 10:47, zygote@icsi.net wrote:
> If bush gets the opportunity to replace either JJ stevens or
> O'Connor, it will be with an Anti-choice justice. He has plenty to
> coose from. For an enlightening view of what I consider many
> anti-choice jj believe obtain In Re: Guardianship of J.D.S from
> Florida decided last week by the a Florida Appeals Court. The most
> critical piece is the dissent and especially his last 2 paragraphs.
>
> If I can remember I will try to Forward it from my home Computer.
>
> The Georgia view is the Texas view. Almost no Abs are approved from
> maternal health despite the view of Planned parenthood v. Casey.
>
> And life continues!!!
>
> On 12 Jan 2004 at 7:42, art fougner, md wrote:
>
> > Judge rejects Georgia clinics' request to fund 'medically
> > necessary' abortions Medicaid January 12, 2004 2004 JAN 12 -
> > (NewsRx.com & NewsRx.net) -- A judge has denied a temporary
> > restraining order requested by Georgia health clinics to allow
> > women to have Medicaid-funded abortions for pregnancies that are
> > threatening their health.
> >
> > Attorneys representing the Feminist Women's Health Center, Planned
> > Parenthood of Georgia, and clinics around the state had sought the
> > restraining order against Georgia's current statute that allows
> > Medicaid to pay for abortions only if the pregnancy is life
> > threatening or a result of rape or incest.
> >
> > During a December 16, 2003, hearing on the issue, attorney Louise
> > Melling argued that a temporary injunction against the law was
> > needed because dozens of women would be at risk if they don't have
> > an abortion in the next few months. But the state argued that
> > there was no evidence of an actual emergency to warrant the
> > temporary restraining order.
> >
> > In his ruling, Fulton County Superior Court Judge M. Gino Brogdon
> > sided with the state, saying, "such relief should not be granted
> > unless the alleged injury is pressing, delay is dangerous, and
> > there is no adequate remedy at law."
> >
> > Brogdon cited a lack of specific cases of the low-income women
> > affected by the statute being denied abortions under Medicaid, or
> > the filing of an administrative grievance against current abortion
> > policies before seeking relief from the court.
> >
> > "All of the evidence contained in the affidavits filed by
> > Plaintiffs reflects only generalized, speculative, or past harm
> > allegedly incurred by the unidentified women discussed; there is
> > no specific allegation of imminent harm for any particular
> > individual," Brogdon wrote.
> >
> > State Medicaid director Mark Daniel Trail declined to comment on
> > the ruling, only releasing the following statement: "The state
> > prevailed and will continue with the current policy to cover
> > abortions only when a woman's life is in danger or when the
> > pregnancy is a result of rape or incest."
> >
> > Melling, an attorney for the American Civil Liberties Union's
> > (ACLU) Reproductive Rights Project, which represented the clinics,
> > said her next step may be requesting a preliminary injunction or
> > proceeding by way of summary judgment. "This is just the first
> > stage," Melling said. "We'll continue to press the case forward as
> > quickly as we can."
> >
> > Sixteen states now fund all medically necessary abortions, and
> > many states go beyond the restrictions imposed by the federal Hyde
> > amendment in 1976, according to the American Civil Liberties
> > Union.
> >
> > The federal measure limits funds for abortions to cases of rape,
> > incest, and to save a woman's life. Some state Medicaid funds
> > cover abortions for women with severe mental illness and other non
> > life-threatening situations.
> >
> > Georgia's Medicaid program began covering abortions for
> > life-threatening pregnancies in 1982 and extended the policy to
> > pregnancies resulting from rape or incest in 1993.
> >
> > The clinics claim that denying funds to a low-income woman whose
> > pregnancy was a danger to her health, even if not necessarily life
> > threatening, would be violating her rights of privacy and equal
> > protection guaranteed by the Georgia Constitution. This article
> > was prepared by Health & Medicine Week editors from staff and
> > other reports. Copyright 2004, Health & Medicine Week via
> > NewsRx.com & NewsRx.net.
> >
> > ©Copyright 2004, Biotech Week via NewsRx.com & NewsRx.n
> >
> > 2004 is getting off to a great start.
> >
> > art
> >
> > --
> > art fougner, md
> > ich bin ein New Yorker
> >
>
> Robert J. Carpenter, Jr., M.D.
> St. Luke's Medical Tower # 2720
> 6624 Fannin, Houston, TX 77030
> zygote@icsi.net 713-795-4600
> FAX:713-795-4422
>
Attachments:
C:\Documents and Settings\Robert J Carpenter J\Desktop\In re
Guardianship of J.doc
------- End of forwarded message -------Robert J. Carpenter, Jr. MD
6624 Fannin, #2720
St. Luke's Medical Tower
Houston,TX 77030-2339
713-795-4600
