State's late-term abortion ban overturned
Thursday, September 15, 2005
Detroit News
Associated Press State's late-term abortion ban overturned
Federal judge rules law places 'undue burden' on women, calls it confusing and vague.LANSING -- A federal judge has declared unconstitutional Michigan's law aimed at banning a procedure that opponents call partial-birth abortion. U.S. District Judge Denise Page Hood in Detroit ruled the law places an "undue burden" on women's right to choose an abortion. Hood also said the law is confusing and vague, and its exceptions for the health or life of the mother are meaningless and unconstitutional. "The act does not describe any specific procedure to be banned," Hood wrote. "The act also does not distinguish between induced abortion and pregnancy loss." The parties in the lawsuit learned of the Monday ruling on Wednesday. Federal courts struck down previous attempts by state lawmakers to stop the abortion procedure in 1997 and 2001. The Michigan Catholic Conference said it disagrees with the judge's ruling and will urge Attorney General Mike Cox to appeal. "The fight to end heinous partial-birth abortions will continue," said Dave Maluchnik, a spokesman for the Catholic Conference. During the procedure, a fetus is partially removed from the womb and the skull punctured. Some doctors say it is the safest option for women in some circumstances. The state Legislature approved a new law attempting to ban the procedure in June 2004. Hundreds of thousands of voters signed petitions that allowed the bill to become law with only the approval of the House and Senate -- both of which are controlled by Republicans -- after Democratic Gov. Jennifer Granholm vetoed it. Anti-abortion advocates tried a new approach with the latest ban. Rather than name the procedure specifically, the law defined birth as the moment any portion of the fetus emerges from a woman's body. The fetus then would be a legally born person. A doctor could not perform the procedure unless it was necessary to save the mother's life or to avoid an "imminent threat" to her physical health.
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