I thought some might find this interesting (a blessing)
Court clears way for abortion lawsuit
Wednesday, October 30, 2002
BY ROBERT SCHWANEBERG
Star-Ledger Staff
Opening the door to legal arguments about when life begins, a state appeals court ruled yesterday that a woman who had an abortion can sue her physician for emotional distress on grounds she was not properly informed of the consequences.
Rosa Acuna contends that her doctor failed to tell her that her 7-week-old fetus was "an irreplaceable human being."
A lower court threw the case out, reasoning that the U.S. Supreme Court's 1973 decision legalizing abortion had established that a 7-week-old fetus is not a "constitutional person."
But a three-judge appeals court ordered a trial on Acuna's lawsuit against obstetrician Sheldon Turkish, who advised her that she needed an abortion because of a kidney problem and terminated her pregnancy in April 1996.
A psychologist concluded Acuna suffered "severe emotional and psychological trauma" because of the abortion.
Acuna's lawyer, Harold Cassidy, said the trial will mark the first time "a jury has to determine whether this procedure (abortion) terminated the life of a living human being." He contends it did, and that Turkish had an obligation to tell Acuna "the truth" about the biological beginning of life regardless of the legality of abortion.
Cassidy said he has assembled a team of seven scientific experts to testify that Acuna's unborn child was "a living human being" just before the abortion. He called the ruling "a great victory for the rights of pregnant women."
But Talcott Camp, a lawyer with the American Civil Liberties Union Reproductive Freedom Project, said, "This case isn't about patient rights. It's about harassment of doctors.
"In fact, what this does is hurt women," Camp said. "It harasses doctors and discourages them from providing this constitutionally protected medical care."
During pre-trial questioning, Acuna testified that when she went to see Turkish, she asked him "if there was a baby already inside me," meaning a "human being," and that he replied "don't be stupid, it's only blood."
Turkish testified he did not remember Acuna asking such a question but would have advised her that "a 7-week pregnancy is not a living human being."
The appeals court said it will be up to Acuna to show at trial "that a prudent person under her circumstances would not have consented and submitted to the medical procedure had she been properly informed."
The court left for a jury to decide the "perplexing" issue of just what Turkish should have said to Acuna.
Appellate Division Judge James Havey said allowing Acuna to sue was the flip side of earlier rulings upholding lawsuits by parents who were deprived of their right to choose an abortion because they were not told the unborn child might suffer birth defects.
Havey was joined in the ruling by Appellate Division Judges Ariel A. Rodriguez and Edith Payne.
Turkish's lawyer, John Z. Jackson, was out of the office and could not be reached for comment.
Robert Schwaneberg covers legal issues. He can be reached at
rschwaneberg@starledger.com or (609) 989-0324.
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Astronomers discover a star of the 'Class of 13 Billion B.C.'
Thursday, October 31, 2002
BY RICK CALLAHAN
ASSOCIATED PRESS
Astronomers have discovered an ancient star near the center of our galaxy that may shed light on the universe's composition shortly after it was blasted into existence by the Big Bang.
This cosmic relic is more than 12 billion years old -- about a billion years younger than the universe itself. It also has an extremely low metal content, some 1/200,000th of that found in our sun. That is 20 times less metal than the previous lowest-metal star, found in 1977.
The star's age and composition place it among the second wave of stars that formed after the universe's violent creation, its discoverers said. Researchers had predicted this type of ultra-low metal star 25 years ago, but an example eluded them until now.
Michael S. Bessell, an astronomers at Australia's Mount Stromlo Observatory, said the newly discovered star arose from the debris of a first-generation star, so it contains only a very small amount of heavy elements.
"This really traces things back to the very early stages of the universe because stars are records of that time. This is an indicator of those times," said Bessell, the star's co-discoverer.
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Good news!
Miss World boycott is off after Nigeria vows to stop a stoning
Wednesday, October 30, 2002
STAR-LEDGER WIRE SERVICES
LAGOS, Nigeria -- Nigeria said yesterday it would never allow one of its citizens to be executed by stoning, repudiating an Islamic court verdict that had prompted a threatened boycott of the upcoming Miss World pageant.
Junior Foreign Minister Dubem Onyia singled out the case of Amina Lawal Kurami, a 31-year-old Muslim woman whose sentence for committing adultery sparked worldwide outrage.