Federal Abortion Ban Challenged in California Courts

On January 31, 2006, the San Francisco-based Ninth U.S. Circuit Court of Appeals upheld a lower court’s decision to strike down the federal abortion ban. The court found the ban unconstitutional because it lacks an exception to protect women’s health.

The ban was signed into law in September 2003 by President Bush.  It is the first federal criminal law restricting abortion in U.S. history. The ban prohibits abortions as early as 12-15 weeks into a pregnancy. Doctors say abortions at this point are safe and among the best to protect women’s health.

The ban was immediately challenged in three federal courts, in California, New York, and Nebraska. In Northern California, Planned Parenthood Federation of America filed a legal challenge on behalf of its affiliates nationwide, Planned Parenthood Federation of America, and Planned Parenthood of Golden Gate. The ACLU of Northern California represented the California Medical Association as a friend of the court.

The Northern California court originally struck down the ban on June 1, 2004.  The court found that the ban created a risk of criminal liability for physicians "during virtually all abortions performed after the first trimester" and that the "omission of a health exception renders the Act unconstitutional."

The U.S. Court of Appeals for the Ninth Circuit heard arguments in an appeal brought by the government on October 20, 2005. On January 31, 2006, the Ninth Circuit then affirmed the lower court decision striking down the ban.

"Every court to have considered this ban has recognized that abortion laws must include protections for women's health," said ACLU-NC attorney Margaret Crosby. "Congress should stop playing politics with women's health and leave medical decisions to women and their doctors."

The U.S. Supreme Court will review the ban in the 2006-2007 term, with a decision expected by June 2007.