Judge: Bush Abortion Ban Unconstitutional
By DAVID KRAVETS
Associated Press Writer
Jun 2, 3:32 AM EDT
SAN FRANCISCO (AP) -- Ruling that it places an undue burden on a woman's right to choose, a federal judge declared the Partial-Birth Abortion Act unconstitutional in a case that applies to clinics and doctors nationwide.
The ruling Tuesday by U.S. District Judge Phyllis Hamilton came in one of three lawsuits challenging the federal law, which bans certain kinds of abortions.
Hamilton's ruling applies to the nation's approximately 900 Planned Parenthood Federation of America clinics and their doctors, who perform about half the 1.3 million abortions done each year in the United States. The federation brought the lawsuit on their behalf.
The other two cases, in New York and Nebraska, were expected to end within weeks. Closing arguments were scheduled Wednesday in Nebraska.
Last year, President Bush signed legislation banning a procedure known to doctors as intact dilation and extraction, but called "partial-birth abortion" by abortion foes. During the procedure, usually in the second trimester, the living fetus is partially removed from the womb, and its skull is punctured or crushed.
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