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Related sites Center for Reproductive Law and Policy National Right to Life Committee
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Late-term abortion bans ruled unconstitutional
Posted
10-11-99 St. Louis. A federal appeals court has ruled that state laws in Arkansas, Iowa, and Nebraska banning a controversial form of late-term abortion are unconstitutional. The 8th U.S. Circuit Court of Appeals ruled on three separate cases the same day, upholding lower court injunctions against enforcement of the ban on so-called partial birth abortions. The cases were Little Rock Family Planning vs. Jegley, Neibyl vs. Miller (Iowa), and Carhart vs. Staber (Nebraska). In the first appellate court ruling on late-term abortion laws, the three-judge panel said the laws are so broadly written they potentially cover all abortions and place an "undue burden" on pregnant women seeking abortions. "This is an enormous and great victory," said Margie Kelly, director of communications at the Center for Reproductive Law and Policy in New York. "We think it is of particular importance because it is the first federal appellate court to review these laws and it sends a strong message that partial-birth laws are extreme measures and should be defeated." The decision is likely to have far-reaching effects in other states and Congress. Thirty states have passed similar legislation, but courts have blocked or limited enforcement in 18. In addition, a bill pending in Congress has language almost identical to the Iowa and Nebraska bills. Abortion opponents are undaunted. "We think that there are going to be a number of other circuits heard from over the next six months, and we are hopeful that one or more will uphold these bans," said Douglas Johnson, legislative director for the National Right to Life Committee in Washington. "That would be a situation ripe for the Supreme Court if the circuit courts are in conflict," he said, adding that the Supreme Court "has not yet spoken on the issue."
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