Court Rejects Late-Term Abortion Ban in N.J.

N E W A R K, N.J., July 27 -- A federal appeals court on Wednesday agreedthat a New Jersey law banning certain late-term abortions isunconstitutional.

The finding by a three-judge panel of the 3rd U.S. Circuit Courtof Appeals upholds the ruling of a federal judge in Trenton whostruck down the law in 1998.

Writing for the panel, U.S. Circuit Judge Maryanne Trump Barrysaid the court’s decision was made before the U.S. Supreme Courtheard arguments on a Nebraska law also aimed at banning so-called“partial-birth” abortion.

The Supreme Court on June 28 found the Nebraska lawunconstitutional. “Nothing in that opinion is at odds with thiscourt’s opinion,” Barry said.

Ban Considered Too Broad

Abortion rights advocates had argued that the ban was so broadand vague it could be used to prohibit all abortions.

Their opponents countered that the law applied specifically to“partial-birth” abortion, in which the fetus is pulled part ofthe way through the birth canal and the brain is removed to allowthe head to pass.

The American Civil Liberties Union, which challenged the lawalong with Planned Parenthood, said it was “gratified” by thedecision.

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Richard F. Collier Jr., an attorney and anti-abortion advocatehired to defend the law, was on vacation Wednesday and notimmediately available for comment, his office said.

Thirty-one states have laws banning the procedure.

Setback for GOP Leaders

The ruling is a defeat to New Jersey Republican leaders whoenacted the measure over a veto from Gov. Christie Whitman and usedmore than $400,000 in taxpayer money to defend it in court.

Whitman had recommended a different ban that would haveprohibited a wide variety of late-term procedures provided thehealth of the mother was taken into account first.

“If they are serious about protecting an unborn child in thelate stage of pregnancy,” Whitman said, then that alternativeproposal “allows for that protection while recognizing the rightof the mother to be considered in this equation.”