31 January 2006

Bad Day For Partial Birth Abortion Ban of 2003

The Partial-Birth Abortion Ban Act of 2003 was ruled unconstitutional today in the United States Court of Appeals for the Second and Ninth Circuits. It was held unconstitutional in July in the Eighth Circuit and has also been held unconstitutional by U.S. District Court judges (i.e. federal trial court judges) in New York and Nebraska.

The government has sought review of the Eighth Circuit ruling in the U.S. Supreme Court, a matter that has been fully briefed, and Justice Alito will be part of the decision to grant or deny certiorari in that case. My guess is that any grant of certiorari will be limited to the issue of a remedy, and that a complete denial of certiorari is likely until there is a circuit split on this issue.

Hat Tip to How Appealing.

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