Dayton, OH — A federal judge on September 20 blocked the state from enforcing a ban on partial-birth abortions.
U.S. District Judge Walter Rice said the law is unconstitutional because
it would not allow an abortion practitioner to perform the abortion
procedure in cases where, the court claimed, substantial medical evidence
shows that it may be safer than other types of abortions. Numerous pro-life doctors have previously pointed out that no such evidence exists.
He cited last year's U.S. Supreme Court decision overturning a similar ban in Nebraska. Rice had already temporarily blocked enforcement of the law last fall.
Joe Case, spokesman for Ohio Attorney General Betty Montgomery, said the
state's lawyers were studying the ruling to determine whether to file an
appeal.
Federal judges in other states have also recently overturned bans on
partial-birth abortions. In April, the ban in Michigan was overturned by a
federal judge and the bans in Illinois and Wisconsin were overturned by a
federal appeals court.
In its 5-4 ruling on the Nebraska law, the Supreme Court said in June 2000
that it violated women's so-called right to abortion by imposing an
“undue burden” on women who decide to have abortions.
The abortion procedure involves pulling the unborn child partially out of
the uterus feet first. The skull is then punctured and the brain suctioned
out, causing the skull to collapse and killing the child.
“There really is no credible evidence that a woman would ever need to have a partial-birth abortion, that it would be a safer method for her,” Denise Mackura, executive director of the anti-abortion group Ohio Right to Life, said after Rice's ruling.
Mary Brigid, executive director of the National Abortion and Reproductive
Rights Action League of Ohio, said the ruling “gives support for legal,
safe abortion in this state.”
The bill had been signed by Gov. Bob Taft in May 2000. It would have made
those who perform the abortion procedure subject to up to eight years in prison.
(This article courtesy of the Pro-Life Infonet email newsletter. For more information or to subscribe go to www.prolifeinfo.org or email infonet@prolifeinfo.org.)