Legal News Watch - Consumer Rights Blog

Judge Rules Partial-birth Abortion Act Unconstitutional

June 2nd, 2004 · No Comments

A federal judge in San Francisco Tuesday struck down a federal law that banned partial-birth abortions, ruling that it creates a criminal liability for other legal forms of abortion.

Federal District Court Judge Phyllis J. Hamilton declared the Partial-birth Abortion Act passed by Congress and signed law by President Bush last year is unconstitutional and cannot be enforced. The law would have outlawed abortions as early as 12 to 15 weeks in pregnancy, including those that doctors say are safe and among the best to protect women’s health.

“Today’s ruling is a landmark victory for medical privacy rights and women’s health,” said Plan Parenthood Los Angeles President and CEO Mary-Jane Wagle. “The Ashcroft Department of Justice can no longer threaten Planned Parenthood doctors with the daunting specter of criminal prosecution for putting their patients first. Decisions involving pregnancy are personal decisions for a woman and her family. Medical decisions are for her doctor to make, based on his or her professional judgment. These decisions should not be made by politicians.”

The Whitehouse said it would defend the law in the courts.

“President strongly disagrees with today’s California court ruling, which overturns the overwhelming bipartisan majority in Congress that voted to pass this important legislation, ” the president’s press secretary, Scott McClellan, said in a statement. “The President is committed to building a culture of life in America and the Administration will take every necessary step to defend this law in the courts.”.

(via PR Newswire)

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Tags: Abortion

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