Bill Montgomery Over-Dramatic in Response to Abortion Ruling; Wants Supreme Court Review

billy-montgomery.jpg
Maricopa County Attorney Bill Montgomery
Maricopa County Attorney Bill Montgomery has given his response to a federal appeals court ruling Arizona's 20-week abortion ban, and it's about as dramatic as the programming for the Lifetime TV network.

"The ruling is disappointing in that it permits the Kermit Gosnells of the country to continue their grisly operations under legal protection while denying Arizona the ability to protect expectant mothers and their children in the womb," Montgomery says (with what we'd like to think is a single tear rolling down his cheek).

See also:
-Arizona's 20-Week Abortion Ban Is Unconstitutional, Says Federal Appeals Court

Montgomery's appeal to the feeble-minded fails to mention the actual crimes of Gosnell, the Philadelphia abortion doctor recently convicted of murdering infants.

According to the appellate court ruling, everyone (which would include Montgomery) was in agreement that fetuses aren't viable at 20 weeks gestational age.

Gosnell was convicted of doing illegal late-term abortions -- past 24 weeks, in Pennsylvania -- some of which resulted in live births, and their spinal cords being snipped by Gosnell, who's now a convicted murderer.

Montgomery, who supposedly has a pretty good grasp of how laws work, failed to mention any of that jazz.

Aside from Montgomery's dramatics, he's also come with a fact -- he says he and other defenders of Arizona's law will seek review by the Supreme Court.

"If the 9th Circuit cannot permit Arizona to act because of Supreme Court precedent, then the Supreme Court must change that precedent.," Montgomery's statement says.

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Follow Matthew Hendley on Twitter at @MatthewHendley.


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22 comments
bobunf
bobunf

The real issues behind all the debate about contraception, abortion and Planned Parenthood: 

Pregnancy and a child are appropriate "punishment" for the "sin" of having pre marital sex. Failing that, an STD.


MaskedMagician1967
MaskedMagician1967

Sigh.

Now I know why the national deficit isn't being reduced. And why crime rates here in Maricopa County are still too high...

Trent Franks taught MontyPug well. And all this time I thought MontyPug had a job to do in Maricopa County and Franks had a job to do in Washington, DC.

kytfrkyigygguhuoug
kytfrkyigygguhuoug

The Ninth Circuit's decision is incorrect in its legal analysis and factual findings on where to set the threshold of fetal viability.   

Here are the facts: 

in Roe v. Wade , 410 U.S. 113 (1973) the Supreme Court held that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks." Twenty years after Roe,  the Supreme Court again revisited the issue of fetal viability in Planned Parenthood v. Casey, 505 U.S. 833 (1992).  Noting  that "post-Roe neonatal care developments have advanced viability to a point somewhat earlier" the Casey court's plurality opinion  held that "Roe's rigid trimester framework is rejected."  the plurality opinion  also replaced  Roe's  heightened strict scrutiny standard of review with a lesser "undue burden" standard for evaluating the Constitutionality of abortion regulations.

As in Roe, the question in Casey boiled down to the science of fetal viability, but applying  a lessened standard of scrutiny. Now, twenty years after Casey, the  scientific evidence  suggests that the most recent medical advances require another reconsideration of the current medical threshold for fetal viability.  Here is some of the more recent medical research on the question of fetal viability:  New England Journal of Medicine, "Intensive Care for Extreme Prematurity Moving beyond Gestational Age,' http://www.nejm.org/doi/full/10.1056/NEJMoa073059#t=citedby

We are now at the point where a fetus can become an "unborn patient," and receive life saving surgery as early as 20 or even 18 weeks. In The Unborn Patient: The Art and Science of Fetal Therapy, leading medical doctors and researchers  describe  comprehensive management strategies for several dozen diseases that can now be detected and treated in-utero at an earlier gestational age. Dee http://tinyurl.com/The-Unborn-Patient  See also, Current General Fetal Treatment Research  http://fetus.ucsfmedicalcenter.org/our_team/research.asp


Flyer9753
Flyer9753 topcommenter

Monty is such an idiot asshole... but then again so are most Arizona voters...

ReggieVV
ReggieVV

The pea brains in the legislative Taliban ruling Council were told the "law" was unconstitutional, but to them, the Constitution is sacred only if it conforms with their beliefs. Hey, Bill and Brewski, how about butting out of individual reproduction decisions. If you want to regulate reproduction we should regulate the hell out of guns.

shadeaux14
shadeaux14

Seriously Bill, Fire up a joint and STFU.

shadeaux14
shadeaux14

He'll do whatever Ayatollah Herrod tells him to do.

Bnbk
Bnbk

@MaskedMagician1967 But they are doing their jobs,at least as they perceive them to be. They are feeding red meat to their anti-immigrant,anti-women,anti-minority,anti-gay,anti-just about everything ,Teabagger base. Any Dem that has aligned themselves with Montgomery and his policies should be primaried this next election cycle.

david_saint01
david_saint01

@kytfrkyigygguhuoug when the anti abortion crowd starts caring as much about health care for poor kids as it does their cause, we can talk..until then, its hypocritical to have the people making these laws continually take funding away from programs like KidsCare. 

RetiredArmy
RetiredArmy

@kytfrkyigygguhuoug 

 So tell me, who do you think is responsible for these very expensive medical procedures?

 The Arizona republican party, in general, is against any kind of universal healthcare. So evidently they don't believe they have a moral obligation in sharing in the cost of these procedures. At the same time they believe they have the right to force others to bare this cost even if they can't afford them. Where is the moral high ground in that hypocrisy?

 It would be nice if the morality police where as concerned for the living as they are for the unborn.

valleynative
valleynative topcommenter

@kytfrkyigygguhuoug  Whether or not the fetus is viable is outside the domain of the legislature, and completely a decision to be made on a case-by-case basis by medical personnel in cooperation with the mother.


Thane.Eichenauer
Thane.Eichenauer

I disagree with Bill Montgomery but if your best retort is shut up then I suggest you skip your retort next time around.

Thane.Eichenauer
Thane.Eichenauer

I don't think Bill Montgomery takes orders from anybody.

ReggieVV
ReggieVV

To Cathy Herrod there is no difference in Arizona.

yourproductsucks
yourproductsucks

@david_saint01 it's an argument based on false premise and it is used anytime someone makes a valid argument against the pro-choice movement.

david_saint01
david_saint01

@yourproductsucks @david_saint01 its not a diversion, its pointing out the hypocrisy that the same people that advocate as "pro life" dont give two shits about living, breathing children that happen to be poor. 

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