Federal Appeals Court Will Hold Hearings on Partial-Birth Abortion Ban

National   |   Steven Ertelt   |   Oct 20, 2005   |   9:00AM   |   WASHINGTON, DC

Federal Appeals Court Will Hold Hearings on Partial-Birth Abortion Ban Email this article
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by Steven Ertelt
LifeNews.com Editor
October 20, 2005

San Francisco, CA (LifeNews.com) — After President Bush signed the national ban on partial-birth abortions, abortion advocates filed three lawsuits seeking to overturn it. One is headed to the Supreme Court and a second will get a hearing today in the 9th Circuit Court of Appeals.

The federal appeals court will hear arguments today as the Bush administration asks it to reverse a ruling by U.S. District Judge Phyllis Hamilton of San Francisco.

Hamilton struck down the ban saying it didn’t comply with a 2000 Supreme Court decision saying such bans should have a health exception, even though doctors say the three-day long abortion procedure is never needed to protect a woman’s health.

During the trials, Dr. Curtis Cook, an OB/GYN and Michigan State University professor who specializes in high-risk pregnancies and pregnancies with complications, told the court he didn’t believe partial-birth abortions were ever medically necessary.

Cook said the American College of Obstetricians and Gynecologists is on record as saying "there is no situation where they can think that this is the only option available."

Federal judges in Nebraska and New York also struck down the ban. The Nebraska case is already making its way to the Supreme Court while another appeals court will consider the New York case.

However the 9th Circuit or the 2nd Circuit in New York rule, the losing party is expected to appeal the decisions to the Supreme Court, where they may ultimately be combined into one case.

Planned Parenthood, the nation’s largest abortion business, filed the San Francisco case along with its California affiliate Planned Parenthood Golden Gate, the abortion center that gave the RU 486 drugs to Holly Patterson that eventually killed her.

President Bush signed the partial-birth abortion ban into law in November 2003.

"For years a terrible form of violence has been directed against children who are inches from birth while the law looked the other way,” Bush told a crowd of 400 pro-life lawmakers and pro-life advocates upon signing the bill.