Third judge strikes down partial-birth abortion ban

[Judi Lynn]

Sept. 8, 2004, 8:37PM

Third judge strikes down partial-birth abortion ban
Issue could be kept from reaching Supreme Court, some experts say
By KEVIN O'HANLON
Associated Press

LINCOLN, NEB. - A third federal judge has ruled the Partial-Birth Abortion Ban Act unconstitutional, adding judicial weight some experts say could keep the issue from reaching the U.S. Supreme Court.

U.S. District Judge Richard Kopf of Lincoln ruled against the measure Wednesday, saying Congress ignored the most experienced doctors when it determined that the banned procedure would never be necessary to protect the health of the mother — a finding he called "unreasonable."

His ruling echoed decisions by federal judges in New York and San Francisco.

The abortion ban was signed last year by President Bush but was not enforced because the three judges agreed to hear constitutional challenges in simultaneous non-jury trials.
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