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.