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June 01, 2004

Abortion 2
Partial-birth abortion

I approve of the
federal court's decision (CNN) declaring that the procedure (called late-term abortion in the medical field) is legal and should remain so, but as I've read it, I don't understand how the judge came about her decision, except the "protecting the women's health" angle which should be as clear as mud to anyone breathing.
The U.S. District Court in San Francisco declared unconstitutional a federal law banning late-term abortions Tuesday.

Judge Phyllis Hamilton concluded that the act posed an undue burden on a woman's ability to choose a second-trimester abortion; was unconstitutionally vague; and lacked an exemption to protect the mother's health.

The Partial-Birth Abortion Ban Act of 2003 imposed criminal and civil penalties on "[a]ny physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion."

Tuesday's ruling enjoined law enforcement officials from enforcing the act. Challenges have also been filed in Nebraska and New York.