Third federal judge overrules federal partial-birth abortion ban

Published: 2004-09-08

LINCOLN, Neb. (CNS) -- A third federal judge has ruled the law prohibiting the procedure known as partial-birth abortion is unconstitutional. In a Sept. 8 ruling, U.S. District Judge Richard Kopf said the 2003 law should have included an exception allowing the type of abortion to be used in cases where the woman's health is in danger. The only exception to the ban is when the mother's life is at risk. Kopf is the third federal judge this summer to declare the law unconstitutional. New York District Judge Richard C. Casey said in August that the Supreme Court has clearly called for health exceptions in such laws. San Francisco federal Judge Phyllis Hamilton said in June that the law's lack of exceptions "poses an undue burden on a woman's right to choose an abortion." The cases are expected to be appealed eventually to the Supreme Court. The Supreme Court typically declines to take appeals where lower courts are in agreement.

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