Partial-birth abortion ruling

The Eight Circuit Court of Appeals has ruled that the Partial-Birth Abortion Ban Act of 2003 is unconstitutional.

The ruling is here.

The Associated Press article is here.

They found the ban unconstitutional because it didn't provide an exception for the health of the mother because they are "bound," in the absence of new evidence, by the Supreme Court's ruling in Stenberg v. Carhart that "substantial medical authority" necessitates a health exception in laws dealing with abortion.

However, they did disagree with the District Court's opinion that the Act posed an undue burden on a woman's "right to have an abortion."

Thankfully with a Bush 43 Supreme Court appointment, Stenberg and Carhart and it absurd conclusions will soon be, as Justice Scalia said in his dissent, "assigned its rightful place in the history of this Court's jurisprudence beside Korematsu and Dred Scott."

HT: The Corner