Upholding a previous decision by a lower court, the U.S. 8th Circuit
Court of Appeals in St. Louis ruled that the federal Partial Birth
Abortion Ban Act is unconstitutional because it does not provide an
exception for the health of the woman.
While the ban does provide an exception for the life of the mother it does not for the health of the mother.
"When `substantial medical authority' supports the medical necessity
of a procedure in some instances, a health exception is
constitutionally required," Judge Kermit Bye of the 8th Circuit wrote
in the opinion.
"In effect, we believe when a lack of consensus exists in the
medical community, the Constitution requires legislatures to err on the
side of protecting women's health by including a health exception."
Judge Bye went on to say.
The decision upheld a previous ruling by U.S. District Judge Richard
Kopf of Lincoln, Neb. Federal judges in New York and San Francisco have
also ruled in decisions overturning the ban. The decisions have been
appealed and are expected to eventually be addressed by the Supreme
Court.
President Bush signed the ban in 2003, but due to legal challenges it has not been enforced.
Source: Wikinews
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