Federal Abortion Ban Struck Down in Court!

Federal Abortion Ban Struck Down in Court!

6/1/2004

Contact: press [at] ppgg.org

Federal Abortion Ban Struck Down in Court

Judge in Planned Parenthood Lawsuit Declares Dangerous Law Unconstitutional

SAN FRANCISCO-The federal abortion ban passed by Congress and signed into law by President Bush last year is unconstitutional and cannot be enforced, Federal District Court Judge Phyllis J. Hamilton ruled today. The ban, challenged in Planned Parenthood v. Ashcroft, could have outlawed abortions as early as 12 to 15 weeks in pregnancy, including those that doctors say are safe and among the best to protect women's health. Planned Parenthood hailed the ruling and questioned the Bush administration's efforts to enforce the blatantly unconstitutional ban.

"Today's ruling is a victory for women's health and the right to medical privacy," Planned Parenthood Golden Gate (PPGG) president and CEO Dian Harrison said. "This ruling should serve as another warning to the Ashcroft Department of Justice: the American people will not stand for intrusion into private medical decision making."

Judge Hamilton's ruling prohibits Attorney General Ashcroft and his successors from enforcing the law against doctors who provide abortion services for Planned Parenthood, whether they are working at Planned Parenthood or elsewhere, as well as doctors to whom Planned Parenthood makes referrals. It also prohibits enforcement against the city of San Francisco and its medical facilities.

During the case, highly respected ob/gyns from PPGG, UCSF, and renowned medical facilities around the country testified to the devastating nature of this ban. Among those testifying was PPGG Chief Medical Officer Maureen Paul, MD.

"I feel like I can focus on my patients again. Now that this dangerous and harmful ban has been declared unconstitutional, I can stop worrying about politicians looking over my shoulder – or into our clients' medical records – and I can get back to taking care of the women we serve at Planned Parenthood Golden Gate," said Dr. Paul.

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On March 29, 2003, three federal courts began hearing legal challenges to the "Partial-Birth Abortion Ban Act of 2003," a law passed by Congress and signed by President Bush in late 2003. The lawsuits were brought by Planned Parenthood Federation of America on behalf of PPGG and other member affiliates; the American Civil Liberties Union and Wilmer Cutler Pickering LLP on behalf of the National Abortion Federation and other doctors; and the Center for Reproductive Rights on behalf of Dr. LeRoy Carhart and other doctors. Planned Parenthood v. Ashcroft concluded April 16, 2004. Closing arguments in the other two cases are scheduled for June.

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Planned Parenthood Golden Gate is a non-profit health organization that has been helping women, men and teens make responsible choices for more than 70 years. Since 1929, Planned Parenthood Golden Gate has been committed to delivering the highest quality reproductive health care, teaching responsible and age-appropriate sexuality education and has been working diligently to protect a woman's right to choose. Each year more than 50,000 women, men and teens visit Planned Parenthood Golden Gate's eight health centers in the San Francisco Bay Area. PPGG's award-winning website can be located at http://www.ppgg.org.