updated 8/26/2004 12:54:12 PM ET 2004-08-26T16:54:12

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.

  1. Other political news of note
    1. Animated Boehner: 'There's nothing complex about the Keystone Pipeline!'

      House Speaker John Boehner became animated Tuesday over the proposed Keystone Pipeline, castigating the Obama administration for not having approved the project yet.

    2. Budget deficits shrinking but set to grow after 2015
    3. Senate readies another volley on unemployment aid
    4. Obama faces Syria standstill
    5. Fluke files to run in California

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.”

© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Discussion comments


Most active discussions

  1. votes comments
  2. votes comments
  3. votes comments
  4. votes comments