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Activist Judge Bars US Justice Department Access to Medical Files

Judge says files necessary for partial-birth abortion ban "burdensome to produce"

SAN FRANCISCO, March 9, 2004 (LifeSiteNews.com) - In its continuing battle to defend the Partial Birth Abortion Ban, the Justice Department has again been obstructed by an activist judge. US District Judge Phyllis Hamilton ruled to deny the Bush administration access to redacted (names removed) medical files of clients who had partial-birth abortions from abortionists at San Francisco General hospital and the San Francisco Planned Parenthood site. The decision is being called a "victory" by the pro-abortion group.

Hamilton was one of three activist judges who issued bans on the enforcement of the partial-birth abortion legislation last November after it was signed into law by President Bush.

Planned Parenthood abortionists, and in this case, the city of San Francisco, have filed suit against the Justice Department to challenge the constitutionality of the ban.

Abortionists argue that the procedure is "medically necessary", however no evidence of such necessity has ever been surrendered to the Justice Department lawyers -- thereby crippling any ability they would have in ascertaining the necessity.

Judge Hamilton cited as reasons for the denial that she was protecting "the most intimate aspects of women's lives" and that case files would reveal nothing as far as the constitutionality of the law is concerned. She also said that, according to a San Francisco Chronicle report, the files would be "burdensome to produce."

Judge Hamilton also claimed that the legitimacy of the law will be determined by the "testimony of experts" as opposed to whether "one abortion or another fits the definition."

Read related LifeSiteNews.com coverage "Federal Judges Block Implementation of Partial Birth Abortion Ban against Most Abortionists" at: http://www.lifesitenews.com/ldn/2003/nov/03110702.html

Read local coverage at:
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/03/06/BAGR45FQS21.DTL

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