Partial-birth abortion ban ruling [9th Circuit] News
Partial-birth abortion ban ruling [9th Circuit]

Planned Parenthood Federation of America v. Gonzales et al., US Ninth Circuit Court of Appeals, January , 2005 [ruling that the federal Partial-Birth Abortion Ban Act is unconstitutional because it lacks an exception for the health of the mother]. Excerpt:

This appeal presents a challenge to the constitutionality of the Partial-Birth Abortion Ban Act of 2003, Pub. L. No. 108-105, 117 Stat. 1201 (codified at 18 U.S.C. § 1531). We, like every other federal court that has considered the question, conclude that both the Constitution and the law as established by the Supreme Court require us to hold the Act unconstitutional. Unlike the other courts, however, we do so after fully considering the Supreme Court's recent decision in Ayotte v. Planned Parenthood of N. New England, No. 04-1144 (U.S. Jan. 18, 2006). In light of Ayotte, we conclude that the only appropriate remedy is to enjoin enforcement of the Act and we now affirm the district court's grant of a permanent injunction.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.