Ashcrofts only arguement: "Courts should defer to the Congress"
http://www.nytimes.com/reuters/politics/politics-rights-abortion-california.htmlAshcroft Appeals Calif. Judge's Abortion Ruling
By REUTERS
Filed at 7:48 p.m. ET
LOS ANGELES (Reuters) - The U.S. Justice Department on Monday will appeal a San Francisco federal judge's ruling that a 2003 law banning late-term abortions was unconstitutionally broad, court documents show.
Justice department attorneys filed a notice of appeal to the 9th U.S. Circuit Court of Appeal, challenging the June 1 ruling by U.S. District Judge Phyllis Hamilton.
Hamilton sided with plaintiff Planned Parenthood in barring U.S. Attorney General John Ashcroft from enforcing the ban on late-term abortions at Planned Parenthood's 900 U.S. clinics.
Opponents said the law could have barred abortions as early as 12 to 15 weeks in pregnancy, when doctors say the procedure is safest for women.
Planned Parenthood president Gloria Feldt on Monday criticized Ashcroft for spending tax dollars ``to fund his anti-choice crusade'' and vowed to ``go back to court to ensure that this dangerous abortion ban never harms American women.''<snip>