Second federal judge says partial-birth abortion ban unconstitutional

Published: 2004-08-27

WASHINGTON (CNS) -- A New York judge has became the second federal judge in three months to declare the Partial-Birth Abortion Ban unconstitutional. The Aug. 26 ruling by Judge Richard Conway Casey described partial-birth abortion as a "gruesome, brutal, barbaric and uncivilized medical procedure," but said that to ban it was unconstitutional because the ban didn't make exceptions for when the procedure might be necessary to protect a women's health. Casey is one of three federal judges to hear appeals of the Partial-Birth Abortion Ban signed into law by President Bush last year. The law was challenged by the American Civil Liberties Union on behalf of the National Abortion Federation and several abortion doctors. On June 1, a San Francisco judge said the ban was unconstitutional because it violated "a woman's right to choose an abortion" and could "force pregnant women to undergo a procedure that is less safe." A federal judge in Lincoln, Neb., is expected to rule on the ban later this year. The three judges have suspended the ban while it is being appealed.

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