SAN FRANCISCO, August 3, 2004 ( – On Monday The U.S. Department of Justice appealed a June ruling by a federal judge who declared the partial-birth abortion ban to be unconstitutional.

The ban—making illegal the grisly and unnecessary procedure that smudges the boundary between abortion and infanticide—was signed into law by U.S. President George W. Bush last November. It was immediately challenged by a group of Planned Parenthood abortionists represented by the National Abortion Federation. The NAF filed suits in three locations – Lincoln, Nebraska, New York City, and San Francisco. Rulings in both the New York and Lincoln trials are still pending.  US District Judge Phyllis Hamilton, in her June ruling, argued that the ban infringed on a woman’s right to abort her unborn children, and endangered women’s health. Hamilton denied expert testimony that would have proven that the procedure is never medically necessary, and inhumane to the defenseless unborn child. Evidence in the New York and Lincoln trials revealed that the unborn suffer tremendous pain during the procedure, as their limbs are torn from their still-live bodies.  Read related reports:  Clinton-Appointee Judge Declares Ban on Partial-Birth Abortion Unconstitutional Activist Judge Bars US Justice Department Access to Medical Files