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Third Ruling Handed Down from Nebraska Federal Court: Partial Birth Ban Unconstitutional

LINCOLN, September 8, 2004 (LifeSiteNews.com) - A ruling by U.S. District Judge Richard Kopf in Lincoln Nebraska is being denounced as biased by pro-life groups. Kopf ruled that the law banning partial birth abortion is unconstitutional because it does not include an exception for the 'health of the mother.' The law contains a clause for exceptions for the 'life' of the mother but not her health. The exception for 'health' has proven to be a wide open door for abortion on demand at any stage of pregnancy, with the term 'health' being interpreted so broadly as to make it effectively meaningless. Former president Clinton, a vigorous supporter of abortion, vetoed two previous attempts to ban the brutal practice with the same justification, that of the 'health' of the mother. Abundant expert testimony was provided showing such an exception was meaningless.

"According to responsible medical opinion, there are times when the banned procedure is medically necessary to preserve the health of a woman and a respectful reading of the congressional record proves that point," Kopf wrote. "No reasonable and unbiased person could come to a different conclusion." Judges in San Francisco and New York have also found the ban unconstitutional, even while in one case calling the procedure itself, "gruesome, brutal, barbaric and uncivilized." The law was not put into effect pending the decisions of the three challenges.

Pro-lifers are not surprised by the rulings after years of battling leftist and feminist judicial activism. Concerned Women for America was swift to react, pointing out the inherent conflict of relying only on the testimony of those doctors who are committing the act and who stand to lose if a ban is upheld. In a media release, Wendy Wright, CWA's senior policy director said, "This case proves again that abortion is not about 'women's rights' but about accommodating abortionists."

The National Right to Life Committee took the opportunity to point out that 'Catholic' presidential candidate John Kerry has voted against a partial birth abortion ban. In a media release, NRLC reminds, "Kerry has vowed that he will appoint to the Supreme Court only justices who share his views on abortion." NRLC Legislative Director Douglas Johnson said, "Four years ago, five justices of the Supreme Court said that Roe v. Wade allows abortion providers to perform partial-birth abortions whenever they see fit, even on healthy women with healthy babies, if the providers claim some 'health' benefit. Future appointments to the Supreme Court will determine whether partial-birth abortion remains legal. President Bush is determined to ban partial-birth abortion."

All three decisions were expected to be appealed to the Supreme Court. The Justice Department had filed an appeal of the San Francisco ruling saying that it "will continue to defend the law to protect innocent new life from partial-birth abortion."

Previous LifeSiteNews.com coverage:
http://www.lifesitenews.com/ldn/2004/apr/04040503.htm

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