In his ruling on Carhart v. Ashcroft, ** U.S. District Judge Richard Kopf in Nebraska declared the "Partial Birth Abortion Act of 2003" unconstitutional, recognizing the law as a threat to women's health. The ban, challenged by the Center for Reproductive Rights on behalf of Nebraska physician Dr. LeRoy Carhart and three other physicians, failed to provide any exception if a woman's health is at stake and would ban more than just a single procedure.

Judge Kopf concluded that, "the overwhelming weight of the trial evidence proves that the banned procedure is safe and medically necessary in order to preserve the health of women under certain circumstances. In the absence of an exception for the health of a woman, banning the procedure constitutes a significant health hazard to women."

See more excerpts from Judge Kopf's ruling below.

Read Judge Kopf's Judgment (PDF 2 pages - 138K)
Read Full Decision (PDF 474 pages - 2MB)

"Congress tried to turn the Stenberg decision on its head. Contrary to the findings of numerous federal trial courts throughout the nation, Congress asserted that "partial-birth abortions" are dangerous to the health of women. The trial evidence in this case proves that Congress grievously erred when it made that finding."

"I both find and conclude that, during the second trimester, a law banning D&E abortions would be an undue burden because it would ban the most commonly used method of abortion which is also, generally, the safest method."

"The long and short of it is that Congress arbitrarily relied upon the opinions of doctors who claimed to have no (or very little) recent and relevant experience with surgical abortions, and disregarded the views of doctors who had significant and relevant experience with those procedures."

"In summary, the congressional record proves that the key Congressional Findings are unreasonable. The inferences that Congress drew from its record are not supported by substantial evidence contained within that record. In fact, the congressional record proves the opposite of the Congressional Findings."

"Based upon its own record, it was unreasonable to find, as Congress did, that there was "consensus" of medical opinion supporting the ban. Indeed, a properly respectful review of that record shows that a substantial body of contrary, responsible medical opinion was presented to Congress. A reasonable person could not conclude otherwise."

** The case began in 2003 when John Ashcroft was the U.S. Attorney General; Alberto Gonzales has since been appointed as Attorney General, hence the change in the name of the defendant in the case.