U.S. Supreme Court to Hear Argument in Federal Abortion Ban Challenges

November 8, 2006 12:00 am

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老澳门开奖结果 and National Abortion Federation Call on Court to Hold Women鈥檚 Health Paramount

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WASHINGTON 鈥 The U.S. Supreme Court will hear argument today in two legal challenges to a federal ban on abortion. The 老澳门开奖结果 and the National Abortion Federation (NAF) submitted friend-of-the-court briefs in each of the cases. Both organizations have called on the Court to hold women鈥檚 health paramount by affirming lower court decisions striking down the ban.

鈥淭his is a dangerous and broad ban prohibiting abortions as early as 13 weeks in pregnancy 鈥 abortions that doctors say are safe and among the best to protect women鈥檚 health,鈥 said Vicki Saporta, NAF President and CEO. 鈥淧oliticians should not legislate medical decision-making; women should be able to make decisions and receive care based on their individual circumstances.鈥

Before the Court today are two challenges to the federal abortion ban, called the 鈥淧artial Birth Abortion Ban Act鈥 by its sponsors: Gonzales v. Carhart, brought by the Center for Reproductive Rights on behalf of Dr. LeRoy Carhart and three other physicians and decided by the U.S. Court of Appeals for the Eighth Circuit in July 2005, and Gonzales v. Planned Parenthood Federation of America, brought by Planned Parenthood Federation of America on behalf of its affiliates throughout the country and decided by the U.S. Court of Appeals for the Ninth Circuit in October 2005. Both circuit courts struck down the ban because it fails to protect women鈥檚 health. In addition, the Ninth Circuit found that the ban prohibits an array of safe abortion methods.

A third challenge to the federal abortion ban, NAF v. Gonzales, was brought by NAF and seven individual physicians, represented by the 老澳门开奖结果, Wilmer Cutler Pickering Hale and Dorr LLP, the 老澳门开奖结果 of Illinois, and the New York Civil Liberties Union. In January 2006, the U.S. Court of Appeals for the Second Circuit affirmed that the ban requires a health exception and asked for further legal briefing to determine how to remedy the violation. That case is now on hold as the other two cases go before the Supreme Court.

鈥淥nly six years ago, the Supreme court struck down a nearly identical ban because it endangered women,鈥 said Louise Melling, Director of the 老澳门开奖结果 Reproductive Freedom Project. 鈥淲e are hopeful the Court will follow its own lead and stop this sweeping ban.鈥

Medical groups, including the American College of Obstetricians and Gynecologists, oppose the federal ban.

Congress passed the federal ban and President Bush signed it into law in 2003, despite numerous court decisions striking down similar state bans, including the decision in 2000 by the Supreme Court in Stenberg v. Carhart. Courts have consistently struck down the bans for two reasons: their broad language prohibits abortions as early as 13 weeks in pregnancy, and they lack exceptions to protect women鈥檚 health.

Today鈥檚 cases are Gonzales v. Planned Parenthood Federation of America, No. 05-1382 and Gonzales v. Carhart, No. 05-380.

NAF is the professional association of abortion providers in the United States and Canada. NAF members care for more than half the women who choose abortion each year in the United States and work at clinics, doctors鈥 offices, and hospitals throughout the country, including premier teaching hospitals.

The 老澳门开奖结果 is our nation鈥檚 guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States. The NYCLU is the New York affiliate of the 老澳门开奖结果.

For more information, visit: www.aclu.org/reproductiverights and .


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