Abortion
Planned Parenthood Fed'n v. Ashcroft, No. C034872 (D. Cal. June 1, 2004)
The
United States District Court for the Northern District of California ruled
that the Partial-Birth Abortion Ban Act of 2003, which sought to ban partial-birth
abortions, is unconstitutional and permanently enjoined enforcement of the
Act. In its ruling, the court held the Act placed an undue burden on a woman's
right to choose an abortion because it encompassed other abortion procedures
previously held permissible by the Supreme Court, created a risk of criminal
liability during virtually all abortions performed after the first trimester,
and did not distinguish between pre-viability and post-viability abortions.
The Act was also struck down due to its vagueness because it failed to define
adequately the prohibited medical procedures. The court also held the Act unconstitutional
because partial-birth abortions were deemed necessary in certain situations
and the Act failed to include a health care exception which would allow the
performance of the procedure for the preservation of the life and health of
the mother.