New York, Nov 07: A new law barring a late-term abortion procedure was put on hold yesterday by a federal judge after opponents claimed it was unconstitutional, and US lawmakers moved to outlaw an abortion pill they argue can be fatal to users. The US Justice Department challenged an injunction by US district court judge Richard Casey, who said the partial birth abortion ban act does not provide an exception to protect women's health.


Casey's ruling bars enforcement of the law signed on Wednesday by President George W Bush until November 21. Casey gave lawyers until Monday to file briefs on the law's constitutionality.

In response, the justice department said it "opposed the injunction, and will continue to strongly defend the law prohibiting partial birth abortions using every resource necessary.

"The executive branch will vigorously defend this law against anyone who would try to overturn it in the courts."

Casey based his order on the government's acceptance of the medical community's inability to agree whether procedures known as "partial-birth" abortion would ever be required to protect a woman's health.

He said that Congress had also failed to reach a consensus on the matter.
The judge concluded that the national abortion federation and seven doctors -- the plaintiffs in the case -- had met their burden of showing women might suffer a "requisite risk of harm" due to the government's position.

Bureau Report