Judge: Bush Abortion Ban Unconstitutional


SAN FRANCISCO (AP) - In a ruling with coast-to-coast effect, a federal judge declared the Partial-Birth Abortion Ban Act unconstitutional Tuesday, saying it infringes on a woman's right to choose.

U.S. District Judge Phyllis Hamilton's ruling came in one of three lawsuits challenging the legislation President Bush signed last year.

She agreed with abortion rights activists that a woman's right to choose is paramount, and that is therefore "irrelevant" whether a fetus suffers pain, as abortion foes contend.

"The act poses an undue burden on a woman's right to choose an abortion," the judge wrote.


"a woman's right to choose is paramount, and that is therefore "irrelevant" whether a fetus suffers pain"

i think ill write this down for future refferance:

U.S. District Judge Phyllis Hamilton, Calif

edit: did a little more reasearch and it seems myway's article is not exactly a beacon of truth...although not really far off base.

it seems her exact words were:

"This court concludes that the act is unconstitutional because it poses an undue burden on a woman's ability to choose a second trimester abortion; is unconstitutionally vague; and requires a health exception," Judge Hamilton wrote in her ruling.


"As a physician, this procedure is shameful," said Senate Majority leader Bill Frist, describing it as "outside of the bounds of the practice of medicine".

"I'm very disappointed in the decision today, and I think that ultimately that decision will be overturned."

The law, signed last November, banned so-called "partial-birth abortions", which usually take place during the fifth or sixth month of pregnancy.

The procedure involves the extraction of the body of the foetus into the vagina before the contents of the skull are suctioned and the intact foetus is removed from the woman's body.