Today President Bush turned a blind eye to the U.S. Constitution, Supreme Court precedent and women’s health by signing into law an unconstitutional ban on abortion, deceptively called a "partial-birth abortion" ban.

Just three years ago, the Supreme Court struck down a nearly identical abortion ban in a challenge brought by the Center for Reproductive Rights. In that case, Stenberg v. Carhart, the Court reaffirmed that any restriction on abortion must contain an exception to protect a woman’s life and health. In addition, the Court held that, because the ban would outlaw the safest and most common methods of abortion in the second trimester, it was an undue burden on women’s right to choose abortion. The new ban fails to remedy these flaws.

Despite the public relations blitz by opponents of choice to spread misinformation about this law and what it does, three things are clear. First, the federal ban is not limited to one specific procedure; indeed, there is no language in the law to support that claim. Second, the ban is not a prohibition on "late term" abortion; in fact, the law contains no reference to the stage of pregnancy to which its harsh penalties apply. Third, even though they had the opportunity to do so, Congress and the President have refused to include any exception to protect women’s health.

The Bush Administration and the anti-choice sponsors of the legislation were well aware that sweeping abortion bans that attempt to outlaw abortion early in pregnancy and fail to protect a woman’s health are unconstitutional. However, this bill was pushed through because it represents the culmination of efforts by an administration determined to unravel constitutional protections for women’s self-determination, women’s right to make private decisions without government intervention, and women’s right to preserve and protect their health throughout pregnancy.

The Center for Reproductive Rights is challenging this ban in the U.S. District Court for the District of Nebraska. We are determined to win on behalf of our client, Dr. Leroy Carhart, a brave physician who has fought this battle all the way to the U.S. Supreme Court, and who is committed to defending his victory against Nebraska’s abortion ban.

The Center is also taking this case to court to protect American women’s rights under the Constitution. We will not let women’s futures – those of our daughters, sisters, grandchildren, and friends – be diminished by those who would turn back the clock and return to a pre-Roe world.

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