AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.
Create a link to this page
Copy and paste this link tag into your Web page or blog:
As expected, a U.S. District judge appointed by former President Bill Clinton struck down the Partial-Birth Abortion Ban Act signed into law last November by President George W. Bush. Handed down June 1, Judge Phyllis Hamilton's decision specifically prohibits the Justice Department from enforcing the ban, enacted with widespread bipartisan support in Congress, at any of Planned Parenthood's 900 clinics. Hamilton's 117-page decision followed a three-week trial in March and April.
The act is under challenge in two other federal courts in Nebraska and New York. Decisions in those cases are expected this summer.
Criticism of Judge Hamilton was swift.
"The president strongly disagrees with today's California court ruling, which overturns the overwhelming bipartisan majority in Congress that voted to pass this important legislation," the president's press secretary, Scott McClellan, said. "The president is committed to building a culture of life in America, and the administration will take every necessary step to defend this law in the courts.''
Ohio Rep. Steve Chabot, a House sponsor of the ban, said Hamilton's decision was "a seriously flawed decision by a lone federal judge in San Francisco." The law, Chabot said, "is sound, constitutional legislation."
Sen. Rick Santorum (R-Pa.) called the ruling "a travesty." Hamilton "is a very liberal judge," he added, noting, "This is a classic example of how judges impose their philosophies on judicial proceedings... . She clearly had prejudged this case."
Monica Goodling, a spokeswoman for the Justice Department, said in a statement," The Justice Department vigorously litigated this case, as well as the pending cases in Nebraska and New York involving challenges to the law banning partial-birth abortions." The department, she added, "will continue to devote all resources necessary to defend this Act of Congress, which President Bush has said `will end an abhorrent practice and continue to build a culture of life in America.'"