GYN: Judge Stops Partial Birth Abortion Ban

From: art fougner, md (evsono@pipeline.com)
Thu Aug 26 12:09:04 2004


This just in ...

NEW YORK -- In a highly anticipated ruling, a federal judge found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception.

U.S. District Judge Richard C. Casey in Manhattan said the Supreme Court has made it clear that a law that prohibits the performance of a particular abortion procedure must include an exception to preserve a woman's life and health.

Casey issued the ruling two months after hearing closing arguments in the case.

A San Francisco judge has already declared the 2003 law unconstitutional, and a judge in Lincoln, Neb., is still considering the question. The three judges suspended the ban while they held the trials.

The law is aimed at stopping a procedure, usually performed during the second trimester of pregnancy, in which a fetus is partly delivered, its skull punctured and its brain removed, often by suction.

Opponents, including Republicans in Congress who pushed for the ban, call the procedure "partial-birth abortion," but abortion rights groups and many doctors refer to it as "intact dilation and evacuation."

http://www.newsday.com/news/nationworld/wire/sns-ap-partial-birth-abortion,0,5997654,print.story?coll=sns-ap-nationworld-headlines

art

--
art fougner, md
ich bin ein New Yorker




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