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August 26, 2004

``THE BIG SHOW"

Federal Judge Rules Partial-Birth
Abortion Ban Act Unconstitutional

NEW YORK -- In a highly anticipated ruling,Judge Richard Casey sits for a portrait with his dog, Barney [like in Barney Frank], in this April 8, 2004 file photo, in New York. (AP Photo/Mary Altaffer, File) a federal judge found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception. U.S. District Judge Richard C. Casey in Manhattan said the Supreme Court has made it clear that a law that prohibits the performance of a particular abortion procedure must include an exception to preserve a woman's life and health. Casey issued the ruling two months after hearing closing arguments in the case. Casey said the congressional record itself undermined the finding because it included contradictory views, including nine medical associations which opposed the act because they believed the abortion procedure provides safety advantages for some women. (Read: Partial-Birth Ban of No Effect)

Posted by Editor at August 26, 2004 02:02 PM


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