LINCOLN, Neb. -- The Justice Department said Tuesday that it will appeal a Nebraska judge's ruling striking down the Partial-Birth Abortion Ban Act.
U.S. District Judge Richard Kopf declared the ban unconstitutional Sept. 8, saying it interferes with the right to an abortion and fails to allow exceptions when a woman's health is in danger.
The Justice Department said it will challenge ruling on both counts before the 8th U.S. Circuit Court of Appeals.
The law, signed by President Bush last year, bans a procedure that doctors call intact dilation and extraction and critics refer to as partial-birth abortion. The fetus is partially removed from the womb and its skull is punctured or crushed.
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