SAN FRANCISCO, California, October 21, 2005, (—- Last year, on Monday, March 29, three separate lawsuits were launched against the Partial-Birth Abortion Ban Act signed into law on November 5, 2003. The judges in New York, Nebraska and California ruled in favor of the plaintiffs, stating that the ban was unconstitutional. The Bush administration yesterday urged a California federal appeals court to overturn the decision in that state.

The procedure in question is carried out in the second trimester where the living fetus is partially removed from the womb, and its skull is punctured or crushed.

The Government is arguing that the infanticide type of killing is never medically necessary and therefore does not limit a woman’s options for an abortion. Planned Parenthood, however, is arguing that doctors would be intimidated into not performing any abortions if the act was reinstated.

The rulings of the appeals courts in the three jurisdictions is of great interest. The Bush administration has already asked the Supreme Court to review the Nebraska decision. The cases are adding to the interest in the abortion position of Harriet Miers who is being nominated by the Bush administration to replace retiring Justice Sandra Day O’Connor

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