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Justice Department to appeal partial-birth abortion ruling

[JURIST] The US Justice Department announced Tuesday that it will appeal Nebraska US District Judge Richard Kopf's ruling which three weeks ago struck down the Partial-Birth Abortion Ban Act to the US Court of Appeals for the Eighth Circuit. President Bush signed the act last year banning procedures where the fetus is partially removed from the womb and its skull is punctured or crushed.

Kopf ruled the ban was unconstitutional because it interferes with the right to an abortion and fails to allow exceptions when a woman's health is in danger. His ruling followed similar decisions by federal judges in New York and San Francisco. Read the Partial-Birth Abortion Act here [PDF]. Read Kopf's full opinion here. Read a previous story on the decision on JURIST's Paper Chase. AP has more.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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