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Federal Judge Declares 'Partial-Birth' Abortion Ban Unconstitutional;

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Today, Federal District Court Judge Phyllis J. Hamilton ruled that the so-called 'Partial Birth Abortion Ban,' passed by Congress and signed into law by George W. Bush in 2003, is unconstitutional and cannot be enforced. In her ruling, Judge Hamilton wrote that the "act poses an undue burden on a woman's right to choose an abortion."
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Folks everywhere applauded this law (anti-choice and pro-choice alike) based on its insidiously misleading title, "partial birth abortion ban" without realizing that this law criminalizes many safe procedures during the second trimester and before viability, which is constitutionially protected by Roe v Wade.

This law unconstitutionally (Roe v Wade) makes no exception for women's health and disallows physicians to make decisions based on what's medically in the best interest of a patient's health.

It also outlaws procedures used to treat spontaneous abortion (miscarriage).

In a statement by ACOG:

This bill violates a fundamental principle at the very heart of the doctor-patient relationship: that the doctor, in consultation with the patient, based on that patient's individual circumstances, must choose the most
appropriate method of care for the patient. This bill removes decision-making about medical appropriateness from the physician and the patient. ACOG's members, whatever their beliefs about abortion, share an interest in opposing laws that interfere with a physician's ability to exercise his or her best medical judgment in providing care for each patient. ACOG opposes legislation such as HR 4965 as an inappropriate, ill-advised and dangerous intervention into medical decision making. HR 4965 is vague and broad, with the potential to restrict other techniques in obstetrics and gynecology. It fails to use recognized medical terminology and fails to define explicitly the
prohibited medical techniques it criminalizes. ACOG notes particularly that imposing criminal penalties for use of a procedure that includes elements of recognized gynecologic and obstetric techniques could outlaw
use of those techniques in both abortion and non-abortion circumstances. Some of these techniques can be critical to the lives and health of American women.
This law is dangerous and unconstitutional. It is deceptive and misleading. A similiar law was struck down in Nebraska in 2000 based on its unconstitutionality.
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