Bush administration appeals injunction against Partial Birth Abortion Ban

[Kadie]

Bush administration appeals injunction against Partial Birth Abortion Ban Act

By DAVID KRAVETS, Associated Press


Last Updated: August 2, 2004, 05:51:00 PM PDT


SAN FRANCISCO (AP) - The Bush administration on Monday appealed a federal judge's June order blocking enforcement of a federal ban on a type of abortion.
U.S. District Judge Phyllis Hamilton, in a challenge brought in San Francisco by Planned Parenthood Federation of America, ruled the ban was an unconstitutional limitation on a woman's right to choose.

The law, which President Bush signed in November, 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.

Justice Department attorneys argued the procedure is inhumane, causes pain to the fetus and is never medically necessary. A government lawyer told the judge that it "blurs the line of abortion and infanticide."

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