WASHINGTON - The American Civil Liberties Union and the National Abortion
Federation (NAF) today called on the U.S. Supreme Court to protect women's
health when it hears argument in two challenges to the Federal Abortion Ban.
Both groups urged the Court to affirm the appellate court decisions striking
down the ban.
“The Federal Abortion Ban prohibits abortions as early as 13 weeks that
doctors say are safe and protect women's health,” said Vicki Saporta, NAF
President and CEO. “We are hopeful that the Supreme Court will continue to find
that the ban lacks the necessary protections for women's health and cannot
stand.”
Today's announcement by the Court allows for it to review two rulings
: Gonzales v. Carhart , brought
by the Center for Reproductive Rights and decided by the U.S. Court of Appeals
for the Eighth Circuit in July 2005, and Gonzales v. Planned Parenthood
Federation of America , decided by the U.S. Court of Appeals for the Ninth
Circuit in October 2005. Both lower courts held the ban unconstitutional.
A third challenge to the Federal Abortion Ban, NAF v. Gonzales , was brought
by NAF and seven individual physicians, represented by the ACLU, Wilmer Cutler
Pickering Hale and Dorr LLP, the ACLU of Illinois, and the New York Civil
Liberties Union. In January 2006, the U.S. Court of Appeals for the Second
Circuit affirmed that the ban requires a health exception and asked for further
legal briefing to determine how to remedy the violation. That case is now on
hold as the other two cases go to the Supreme Court.
“At every step of the way supporters of the ban have put politics above
women's health care needs,” said Talcott Camp, Deputy Director of the ACLU
Reproductive Freedom Project. “We hope that the Supreme Court will set the
record straight once and for all: abortion restrictions must not endanger
women's health.”
Medical groups, including the American College of Obstetricians and
Gynecologists, oppose the federal ban.
Congress passed the federal ban and President Bush signed it into law in
2003, despite the numerous court decisions striking down similar state bans,
including a decision in 2000 by the Supreme Court in Stenberg v. Carhart .
Courts have consistently struck down the bans for two reasons: their broad
language prohibits abortions as early as 13 weeks in pregnancy, and they lack
exceptions to protect women's health.
NAF is the professional association of abortion providers in the United
States and Canada. NAF members care for more than half the women who choose
abortion each year in the United States and work at clinics, doctors' offices,
and hospitals throughout the country, including premier teaching hospitals.
The ACLU is our nation's guardian of liberty, working daily in courts,
legislatures and communities to defend and preserve the individual rights and
liberties guaranteed to every person in this country by the Constitution and
laws of the United States.
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