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Ninth Circuit Court of Appeals Hears Arguments in One of Three Challenges to Federal Abortion Ban, USA

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday heard oral arguments in an appeal of U.S. District Judge Phyllis Hamilton's decision that declared unconstitutional a federal law banning so-called "partial-birth" abortion, the San Francisco Chronicle reports (Egelko, San Francisco Chronicle, 10/21). The appeal is one of three cases nationwide involving challenges to the Partial-Birth Abortion Ban Act (S 3) (Mintz, San Jose Mercury News, 10/20). Hamilton in June 2004 said the law would "force pregnant women to undergo a procedure that is less safe" and would "interfere with doctors' medical judgment." Her ruling prevents the law from being enforced against the 900 Planned Parenthood Federation of America clinics nationwide and PPFA-affiliated physicians (Kaiser Daily Women's Health Policy Report, 8/3/04). The law, which President Bush signed in November 2003, bans "an abortion in which a physician deliberately and intentionally vaginally delivers a living, unborn child's body until either the entire baby's head is outside the body of the mother, or any part of the baby's trunk past the navel is outside the body of the mother and only the head remains inside the womb, for the purpose of performing an overt act (usually the puncturing of the back of the child's skull and removing the baby's brains) that the person knows will kill the partially delivered infant." In place of a health exception, the law includes a long "findings" section that documents medical evidence presented during congressional hearings that, according to supporters of the law, indicates that the procedures banned by the law are never medically necessary. Abortion providers who violate the ban could face felony charges, up to two years in prison and fines of up to $250,000 (Kaiser Daily Women's Health Policy Report, 9/27). Arguments
The three judges on the 9th Circuit Court panel appeared apt to support Hamilton's ruling striking down the law, according to the Mercury News. Judge Stephen Reinhardt asked Assistant U.S. Attorney Gregory Katsas, who is representing the Department of Justice, what the judiciary's role is "when Congress says everybody says this [procedure defined by the law] is never necessary and you are confronted with a record with well-established people who say it is necessary?" Quoting Supreme Court precedent, Katsas said that "Congress may act in the face of uncertainty" (San Jose Mercury News, 10/20). Judge Sidney Thomas questioned whether Congress' findings "matter at all," given conflicting testimony from physicians in lower courts, and Judge William Fletcher said a doctor could perform a procedure banned under the law "for the health of the woman." Katsas said "there are medical arguments on both sides" and the court should defer to Congress' findings (Kravets, AP/Washington Post, 10/20). He added, "Congress is due respect as a coequal branch of government" and is "better situated (than the courts) to amass and weigh evidence." PPFA attorney Eve Gartner said, "When doctors can't do what they think is safest, women's health is going to suffer." She also asked whether the court believed if any doctor facing a possible felony prosecution would "put his life, his career on the line" to perform an abortion that might fall under the auspices of the law if it were enforced (San Francisco Chronicle, 10/21). The 9th Circuit Court panel did not indicate when it would rule on the appeal (AP/Washington Post, 10/20). Other Cases
Federal judges in Nebraska and New York also have declared the law unconstitutional and blocked its enforcement. A three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis in July upheld the ruling in the Nebraska case, and DOJ attorneys last month appealed that ruling to the U.S. Supreme Court (Kaiser Daily Women's Health Policy Report, 9/27). The New York case is pending before a federal appeals court (AP/Washington Post, 10/20).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.





Nouãlea Circuit Curtea de Apel aude Argumentele în una din cele trei provocãri la Federal Avortul Ban, SUA - Ninth Circuit Court of Appeals Hears Arguments in One of Three Challenges to Federal Abortion Ban, USA - articole medicale engleza - startsanatate