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Legal news from Wednesday, September 8, 2004 |
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Judge to rule on New Jersey special gubernatorial election next week
Bernard Hibbitts on September 8, 2004 2:05 PM ET

US District Judge Garret E. Brown Jr. announced Wednesday that he plans to rule on whether New Jersey voters deserve a special election to replace Governor McGreevey by Tuesday or Wednesday of next week. The court heard arguments today in the suit filed by Princeton lawyers Bruce Afran and Carl Mayer, who contend that McGreevey officially vacated the office of governor on August 12, when he announced his homosexuality, his affair with a state employee, and his plan to resign November 15. Under New Jersey law, had McGreevey left office before Septemeber 3, the state would have held a special election on November 2. Afran and Mayer argue that, by staying in office beyond that deadline, McGreevey is denying voters their constitutional right to vote, but the state, which believes the case should be handled in state court, notes that McGreevey has not officially resigned by submitting a letter of resignation. Now that the deadline has passed, once McGreevey does resign, Senate President Richard J. Codey will serve as governor until the term ends in 2006. AP has more. Click here for background and news surrounding Governor McGreevey's resignation in JURIST's Paper Chase.


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Federal judge rules partial-birth abortion ban is unconstitutional
Chris Buell on September 8, 2004 10:48 AM ET

A federal judge Wednesday struck down the Partial-Birth Abortion Ban Act as unconstitutional because it did not have an exception for women whose health is in danger. District Judge Richard Kopf of the US District Court for Nebraska was the third US judge to rule against the act, after a judge in California and a judge in New York ruled against the law earlier this summer (see this and this Paper Chase report for background). The act was signed into law by President Bush in 2003, but enforcement was delayed pending the three challenges against it. In the opinion, Judge Kopf wrote: After giving Congress the respectful consideration it is always due, I find and conclude that the ban is unreasonable and not supported by substantial evidence. In truth, "partial-birth abortions," which are medically known as "intact D&E" or "D&X" procedures, are sometimes necessary to preserve the health of a woman seeking an abortion. While the procedure is infrequently used as a relative matter, when it is needed, the health of women frequently hangs in the balance. View the full opinion [PDF]. AP has more.


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