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Partial-Birth Abortion Ban Act Confirmed Unconstitutional
The U.S. Court of Appeals for the Second Circuit has affirmed an August 2004 judgment of the United States District Court for the Southern District of New York (Richard Conway Casey, District Judge), ruling unconstitutional and enjoining enforcement of the Partial-Birth Abortion Ban Act of 2003 for lack of an exception for protection of a woman's health.
The issue on appeal was whether the federal statute prohibiting the abortion method known as dilation and extraction (D & X) and sometimes referred to in federal and state statutes as “partial birth abortion” was unconstitutional for lack of an exception permitting the procedure to be used to protect the health of a pregnant woman. The Second Circuit determined that because the U.S. Supreme Court has held that a health exception is constitutionally required for any statute prohibiting a method of abortion whenever “substantial medical authority supports the proposition that banning a particular abortion procedure could endanger women's health,” Stenberg v. Carhart, 530 U.S. 914, 938 (2000) 192 F3d 1142, aff'd., and because such substantial medical authority exists with respect to the D & X procedure, the District Court was correct in concluding that the lack of a health exception rendered the Act unconstitutional. The decision was therefore affirmed.
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