THE US: A New York federal judge yesterday blocked the government from prosecuting a group of doctors for performing a type of late-term abortion banned under a law just signed by President George Bush.
In his ruling, US District Judge, Mr Richard Casey, issued a temporary restraining order against enforcement of the ban that Mr Bush signed on Wednesday against so-called "partial-birth" abortions. The order had been sought by the National Abortion Federation, the professional association of abortion providers in the US and Canada, and seven named doctors.
The order temporarily stops US Attorney General, Mr John Ashcroft, from enforcing the ban against the plaintiffs, their employees and agents. A similar order was issued by a federal judge in Nebraska on Wednesday minutes after Mr Bush signed the law. Plaintiffs are also challenging the ban in San Francisco.
Ms Louise Melling, director of the ACLU Reproductive Freedom Act, said the New York order protects a much larger number than the seven doctors. She said it also stops enforcement against National Abortion Federation doctors and they perform half of all abortions in the US. It also protects other NAF members who work at clinics, doctors offices and hospitals in 47 states.
Judge Casey said that the order will remain in effect through November 21st. A government spokesman did not have an immediate comment.
However, on Wednesday the Justice Department said it would oppose the similar order issued in Nebraska. In granting the order, Judge Casey cited arguments by the plaintiffs that the act is unconstitutional because it does not contain an exception to protect women's health.
In 2000, the US Supreme Court declared unconstitutional a Nebraska statute banning partial-birth abortions based, in part on the fact that the statute did not contain such an exception.
"We are pleased that the court acted quickly to protect women and their doctors," said Ms Vicki Saporta, president of the National Abortion Federation. "Allowing Congress to practice medicine without a licence endangers the lives and health of women."
The plaintiffs had also argued that the language of the ban is unconstitutionally broad and puts doctors at risk for performing other types of abortions.
Judge Casey, however, did not discuss that argument in his ruling. - (Reuters)