San Francisco Court Declares Ban Unconstitutional
U.S. District Court Judge Phyllis Hamilton, who presided over the San Francisco trial challenging the federal abortion ban, issued a decision yesterday declaring the ban unconstitutional and permanently enjoining the government from enforcing it against Planned Parenthood health care providers along with those employed by the city and county of San Francisco. Planned Parenthood Federation of America v. Ashcroft, 2004 WL 1192708 (N.D.Cal. June 1, 2004).
This well-reasoned decision, which is the first of three expected this summer determining the constitutionality of the federal ban, is in keeping with more than 30 years of Supreme Court precedent, and further confirms that anti-choice lawmakers have intentionally used false “evidence” to attempt to outlaw safe and medically appropriate procedures.
The court found the ban unconstitutional because it:
- places an undue burden on a woman’s right to choose a pre-viability abortion
- is overly vague
- lacks an exception to protect a woman’s health
The court’s ruling is consistent with U.S. Supreme Court rulings – especially its 2000 decision in Stenberg v. Carhart – as well as numerous lower court decisions striking down similar bans.
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