Washington D.C., Sep 8, 2004 / 22:00 pm
A Nebraska federal court’s decision yesterday that the Partial-Birth Abortion Ban Act is unconstitutional shows that the courts will not protect children from partial-birth abortions as long as there are abortion doctors who favor the procedure, said a spokesperson of the U.S. Conference of Catholic Bishops.
Federal Judge Richard Kopf ruled that partial-birth abortion must be available to abortion doctors under the Constitution.
"Four years ago, five justices of the Supreme Court ruled that the Constitution will allow no legal protection for children from the violence of partial-birth abortion, as long as there are abortion doctors who favor it," said Cathy Cleaver Ruse, Esq., spokesperson for the USCCB’s Secretariat for Pro-Life Activities. "Judge Kopf's ruling shows this ‘abortionist's veto’ in action," she said.
Judge Kopf said his ruling was "guided …by the principles laid down by the Supreme Court" in Stenberg v. Carhart (2000), a case which originated in his court.