Abortion Ban Ruled Unconstitutional

By: Marissa Cleaver
By: Marissa Cleaver

A judge in San Francisco says a federal law enacted last year that bans a procedure, often referred to as partial birth abortion, is unconstitutional. There are two identical cases in New York and Nebraska.

The Nebraska Catholic Conference says a California judge’s decision to rule the ban unconstitutional is wrong.

“It amazes me how a judge who has sat through hours of testimony describing a procedure that is closer to infanticide than abortion and conclude that this is something that should be protected by law,” said Greg Schleppenbach with the Catholic Conference.

Groups like the ACLU are happy with the decision. Tim Butz agrees with the California judge saying the ban infringes on a woman’s right to choose.

“The initial reaction is one down two to go. We expect the other two rulings to be consistent with the California court. Clearly the law is flawed,” said Butz.

Both sides agree the California decision won’t have an impact on the Nebraska case.

Closing arguments in the Nebraska case are schedule for this week. An appeal to the U.S. Supreme Court is likely.

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