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Appeals courts find 'partial-birth' abortion ban unconstitutional

[JURIST] The US Second Circuit and Ninth Circuit Courts of Appeals ruled [2nd opinion, PDF; 9th opinion, PDF] in two separate decisions Tuesday that the Partial-Birth Abortion Ban Act [text, PDF] is unconstitutional because it does not provide an exception for the health of the mother. The Ninth Circuit struck down the law 3-0 and issued an injunction against its enforcement, while the Second Circuit decided not to issue an injunction following a 2-1 vote, instead soliciting further arguments on the case. Both opinions cited the 2006 US Supreme Court decision in Ayotte v. Planned Parenthood of Northern New England [text], decided earlier this month, though Ayotte involved a minor challenging a state abortion parental notification law. A similar Eighth Circuit ruling [JURIST report] was appealed to the Supreme Court [JURIST report] by the Bush administration last September, though certiorari has not yet been granted for that case. AP has more.

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