WASHINGTON — In cases that may be headed for the U.S. Supreme Court, two federal appeals courts Jan. 31 struck down the federal ban on partial-birth abortion, ruling as another appeals court did in 2005 that the law is unconstitutional.
Although the ruling from the 9th Circuit Court of Appeals out of San Francisco Jan. 31 was unanimous, the ruling on the same day from the 2nd Circuit Court of Appeals in New York City was split 2–1, and two of the judges made a point to criticize the U.S. Supreme Court’s 2000 ruling that struck down bans on partial-birth abortion.
President George W. Bush signed the Partial Birth Abortion Ban Act into law in 2003, although courts have prevented it from being enforced. Last summer, the 8th Circuit Court of Appeals out of St. Louis ruled the law unconstitutional, and the Bush administration subsequently appealed the decision to the U.S. Supreme Court. The latest two rulings also are expected to be appealed.
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