Partial Birth Abortion Cases Trial

Jun 16, 2015

Partial Birth Abortion Ban Act

Trials in three separate constitutional challenges to the federal Partial Birth Abortion Ban Act were held in 2004. U.S. Dept of Justice has vigorously defended the Act in each case. Read more about this barbaricpartial birth abortion procedure here and in the trial transcripts and opinions below.

CALIFORNIA:

Planned Parenthood Federation of America, et.al v. Ashcroft, Case No. C 03-4872 (N.D. Cal). Trial was set for 3 weeks before Judge Phyllis J. Hamilton, at the U.S. Courthouse: 450 Golden Gate Avenue, San Francisco, California

Trial transcript - March 30
Trial transcript - April 1
Testimony excerpts from Dr Doe - April 1
Trial transcript - April 5
Trial transcript - April 6
Trial transcript - April 8
Trial transcript - April 9
Trial transcript - April 12
Trial transcript - April 13
Trial transcript - April 15
Trial transcript - April 16
Court's Opinion - June 1, 2004 - Injunction Granted Against PBA Ban Act

NEBRASKA:

Carhart, et. al v Ashcroft, Case No. 4:03CV3385 (D.Neb.). Trial was scheduled to last for 2 weeks before Judge Richard G. Kopf, at the U.S. Courthouse, 593 Federal Building, 100 Centennial Mall North, Lincoln, Nebraska

DOJ trial brief**
Trial transcript - March 30
Trial transcript - March 31
Trial transcript - April 1
Trial transcript - April 5
Trial transcript - April 6
Testimony excerpts on pain of unborn child
Trial transcript - April 7
Trial transcript - April 8
Court's Opinion - Sept 8, 2004 - PBA Ban Act Unconstitutional

NEW YORK:

National Abortion Federation, et. al v. Ashcroft, Case No. 03Civ8695 (S.D.N.Y.) Trial was set for 4 weeks before Judge Richard C. Casey at the U.S. Courthouse, 500 Pearl Street and 40 Centre Street, New York, New York.

Partial transcript of opening statements -March 29
Argument outline from opening statements - March 29

Trial transcript - March 30
Trial transcript - March 31
Excerpts of medical testimony focusing on PBA procedure - March 31
Trial transcript - April 1
Trial transcript - April 2
Trial transcript - April 6
Trial transcript - April 7
Trial transcript - April 8
Trial transcript - April 13
Trial transcript - April 14
Trial transcript - April 15
Trial transcript - April 16
Trial transcript - April 20
Trial transcript - June 22 - Closing Arguments

Court's Opinion - August 30, 2004 - PBA Ban Act Unconstitutional

Specific findings of Congress regarding Partial Birth Abortion:

Congress found that a “moral, medical, and ethical consensus exists that the practice of performing a partial-birth abortion... is a gruesome and inhumane procedure that is never medically necessary and should be prohibited.” See Act, § 2(1). Congress determined that “[r]ather than being an abortion procedure that is embraced by the medical community, particularly among physicians who routinely perform other abortion procedures, partial-birth abortion remains a disfavored procedure that is not only unnecessary to preserve the health of the mother, but in fact poses serious risks to the long-term health of women and in some circumstances, their lives.” See Act, § 2(2).

Congress also found that partial-birth abortion “confuses the medical, legal, and ethical duties of physicians to preserve and promote life, as the physician acts directly against the physical life of a child, whom he or she had just delivered, all but the head, out of the womb, in order to end that life.” Congress also found, “Partial-birth abortion thus appropriates the terminology and techniques used by obstetricians in the delivery of living children - obstetricians who preserve and protect the life of the mother and the child - and instead uses those techniques to end the life of the partially-born child.” See Act, § 2(14)(J).

“[U]nborn infants at this stage can feel pain when subjected to painful stimuli and that their perception of this pain is even more intense than that of newborn infants and older children when subjected to the same stimuli. Thus, during a partial-birth abortion procedure, the child will fully experience the pain associated with piercing his or her skull and sucking out his or her brain.” See Act, § 2(14)(M).

Congress concluded that the “gruesome and inhumane nature of the partial-birth abortion procedure and its disturbing similarity to the killing of a newborn infant promotes a complete disregard for infant human life that can only be countered by a prohibition of the procedure.” See Act, § 2(14)(L).

Read More on the History of the Act

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