Federal Judge Declares 'Partial-Birth' Abortion Ban Unconstitutional

Federal Judge Declares 'Partial-Birth' Abortion Ban Unconstitutional;
Exposes Right-Wing Policy as Infringement on a Woman's Right to Choose

June 1, 2004

"I applaud Judge Hamilton for acting in the best interest of women and rejecting a terrible law that infringes on women's rights and criminalizes a safe abortion procedure," said NOW President Kim Gandy. "Women and their doctors must be allowed to make medical decisions that are free from the interference and agendas of politicians."

Today, Federal District Court Judge Phyllis J. Hamilton ruled that the so-called 'Partial Birth Abortion Ban,' passed by Congress and signed into law by George W. Bush in 2003, is unconstitutional and cannot be enforced. In her ruling, Judge Hamilton wrote that the "act poses an undue burden on a woman's right to choose an abortion."

"Judge Hamilton's decision was a major setback for the administration's extremist and insular agenda," said Gandy. "We are delighted to see that the courts are acting on behalf of the health and rights of women in our country."

The court in San Francisco acknowledged that the Bush Administration passed extreme legislation with complete disregard for women's health and the law. The law bans abortions as early as 13 weeks, prohibiting a procedure that doctors regard as safe and among the most effective in preserving a woman's health. Judge Hamilton wrote, "The act creates a risk of criminal liability during virtually all abortions performed after the first trimester."

Today's decision, in Planned Parenthood v. Ashcroft, applies only to Planned Parenthood clinics and doctors - and was the first to permanently enjoin the sweeping ban which is being challenged in three federal courts. Out of deference to the pending cases in New York and Nebraska, Judge Hamilton did not extend the injunction to all abortion providers.

"The current administration's attempt to outlaw a proven, medically safe procedure shows they will stop at nothing to reverse abortion rights granted by Roe v. Wade," said Gandy.

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