Published November 6, 2003
WASHINGTON (AP) — President Bush signed into law the most
far-reaching abortion restrictions in three decades yesterday, an
emotionally charged measure already challenged in three federal
courts.
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A federal judge in Nebraska called the law “highly
suspect” and issued a temporary order blocking it from
applying to four abortion-rights doctors who filed suit.
After years of frustration, legal setbacks and two presidential
vetoes, hundreds of anti-abortion leaders rose in applause when
Bush promised to vigorously defend the constitutionality of the
law, known by its supporters as a “partial birth
abortion” ban.
“For years a terrible form of violence has been directed
against children who are inches from birth while the law looked the
other way,” Bush told religious leaders, members of Congress
and other abortion foes at a signing ceremony at the Ronald Reagan
Building. “Today at last the American people and our
government have confronted the violence and come to the defense of
the innocent child.”
Abortion-rights groups said the law was overly broad, lacked any
exemption for the health of a woman seeking an abortion and could
outlaw several safe and common procedures.
They also contended it was the first step in a larger campaign
to ban all abortions for the first time since the Supreme
Court’s 1973 landmark decision legalizing the procedure.
“This bill marks a concerted effort to set back decades of
progress in achieving reproductive freedom,” said Gloria
Feldt, president of the Planned Parenthood Federation of America,
which filed suit against the measure in San Francisco.
The bill gave Bush a major victory to show religious
conservatives on the eve of a re-election year.
But it also revived debate on a polarizing issue that could
undercut his hopes of winning support from swing voters.
The bill outlaws a procedure generally performed in the second
or third trimester in which a fetus is partially delivered before
being killed, usually by having its skull punctured.
Former President Bill Clinton twice vetoed similar bills.
While anti-abortion forces cheered their victory, arguments
against the law were raised in courtrooms in Lincoln, Neb.; San
Francisco and New York.
In Lincoln, U.S. District Judge Richard Kopf issued a temporary
restraining order, citing concerns that the law lacked any health
exception.
“It seems to me the law is highly suspect, if not a per se
violation of the Constitution,” Kopf said. He said his order
would apply only to the four doctors who filed the lawsuit, but the
ruling could extend beyond Nebraska because they are licensed in
Alabama, Georgia, Iowa, New York, South Carolina and Virginia.
In Manhattan, U.S. District Judge Richard Casey appeared
skeptical about arguments by Talcott Camp, a lawyer for the
American Civil Liberties Union, which sought an order blocking
enforcement. Casey did not issue an immediate order.
“Doesn’t the court have to give some deference to
the findings of Congress that are spelled out in this
statute?” Casey asked, noting the findings resulted from
eight years of hearings. “They say there is no
threat.”
About 30 states have enacted versions of partial birth abortion
bans but in many cases they have been overturned in court. The most
important ruling was in 2000 when the Supreme Court, on a 5-4 vote,
said a Nebraska law was unconstitutional because it did not have an
exception for the health of the mother and was too vague.
The signing ceremony included a patriotic background of American
flags on the stage behind Bush. Several dozen abortion-rights
protesters demonstrated outside.
“The best case against partial birth abortion is a simple
description of what happens and to whom it happens,” the
president said. “It involves the partial delivery of a live
boy or girl and a sudden, violent end of that life.”
In a remark that brought loud applause, Bush said the right to
life “cannot be granted or denied by government because it
does not come from government. It comes from the creator of
life.”
There was sharp criticism from Democratic presidential
candidates.
Sen. John Kerry of Massachusetts called the law “a step
backwards for women.” Former Vermont Gov. Howard Dean, a
physician, said it would “chill the practice of medicine and
endanger the health of countless women.” Sen. Joe Lieberman
of Connecticut called it a triumph for “the political agenda
of right-wing Republicans.” Retired Gen. Wesley Clark said it
threatened a return “to the dark days before Roe v.
Wade.”























