Partial Birth Abortion Law Struck Down in Two Courts
Wednesday, Feb. 1, 2006 Posted: 1:39:55PM EST

Two federal courts ruled on Tuesday that the Partial Birth Abortion Act of 2003, which bans a certain type of late-term abortion, is unconstitutional, putting two cases on track to be appealed to the Supreme Court.

The 9th Circuit Court of Appeals in California and the 2nd Circuit Court of Appeals in New York upheld lower court rulings that the law was invalid because it did not provide an exception when the health of the mother was in danger.

The Partial Birth Abortion Act, which was passed by Congress and signed by President Bush, had already been ruled illegal in a previous court decision. That case has been appealed to the Supreme Court but the Justices are still considering whether to take it up. Tuesday’s rulings were the second and third cases in which the law was ruled as violating the constitution.

With the appointments of two conservative Supreme Court justices in recent months, observers will be looking to see how the court tackles the abortion issue. Justice Samuel Anthony Alito Jr. on Tuesday replaced Justice Sandra Day O’Connor, who supported legalized abortion.
The rest