Friday, July 08, 2005

8th District Circuit Court Concurs: Federal D & X Ban is Unconstitutional

In yet another move to increase the stroke rate among fundagelicals, the 8th Circuit Court in St. Louis upheld a lower court ruling that the Federal "Partial Birth Abortion" Act is unconstitutional [emphasis added]:
When ‘substantial medical authority’ supports the medical necessity of a procedure in some instances, a health exception is constitutionally required,” Judge Kermit Bye of the 8th Circuit wrote in the opinion issued Friday. “In effect, we believe when a lack of consensus exists in the medical community, the Constitution requires legislatures to err on the side of protecting women’s health by including a health exception.”
The ruling also indicated that the ban is vague and could be construed a covering the dilation & evacuation (D & E) , which is the most common method of second trimester abortion.

I expect the move will increase the vitriol from the already rabid fundagelical community in their effort to demand Presidential nominees to the Supreme Courthave a proven track record that would serve as a pledge to overturn Roe v Wade.

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