U.S. Judge in San Fran Strikes Down Federal Law Banning Form of Abortion

[Snazzy]

U.S. Judge in San Francisco Strikes Down Federal Law Banning Form of Abortion
By ADAM LIPTAK

Published: June 2, 2004

A federal judge in San Francisco yesterday struck down a federal law that banned a form of abortion, saying it create0d a risk of criminal liability for virtually all abortions performed after the first trimester. The law, the Partial Birth Abortion Ban Act, enacted in November, makes it a crime for doctors to perform any "overt act'' to "kill the partially delivered living fetus."

In a 117-page decision, the judge, Phyllis J. Hamilton, ruled that the law was unconstitutional in three ways. She said that it placed an undue burden on women seeking abortions, that its language was dangerously vague and that it lacked a required exception for medical actions needed to preserve the woman's health.

The decision was the first ruling on the merits of the law. Two other cases, in Nebraska and New York, are pending. All three judges had halted enforcement of the law while they conducted trials.

The federal law is similar to a Nebraska law struck down by the Supreme Court in 2000, and yesterday's decision did not surprise legal experts. Groups opposing abortion said yesterday that they hoped the new cases would give the Supreme Court an opportunity to reconsider.

The White House said it would continue to fight for the law.

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http://www.nytimes.com/2004/06/02/politics/02abort.html?ex=1086753600&en=f9e7719f67bdf4a1&ei=5065

[Snazzy]

1. AP: Judge: Bush Abortion Ban Unconstitutional

Judge: Bush Abortion Ban Unconstitutional

Jun 1, 11:30 PM (ET)

By DAVID KRAVETS

SAN FRANCISCO (AP) - In a ruling with coast-to-coast effect, a federal judge declared the Partial-Birth Abortion Ban Act unconstitutional Tuesday, saying it infringes on a woman's right to choose.

U.S. District Judge Phyllis Hamilton's ruling came in one of three lawsuits challenging the legislation President Bush signed last year.

She agreed with abortion rights activists that a woman's right to choose is paramount, and that it is therefore "irrelevant" whether a fetus suffers pain, as abortion foes contend.

"The act poses an undue burden on a woman's right to choose an abortion," the judge wrote.


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http://apnews.myway.com/article/20040602/D82UKJFO1.html

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