Yahoo! News - Judge Rules Against Ban on Partial-Birth Abortion
SAN FRANCISCO (Reuters) - A Federal judge in San Francisco on Tuesday declared unconstitutional a law banning what critics call "partial birth abortions," saying the measure was too vaguely worded and placed an undue burden on abortion rights.

U.S. District Court Judge Phyllis Hamilton said the Partial-Birth Abortion Ban Act of 2003 was also unconstitutional because it lacked an exemption to protect a mother's health.

The decision was hailed by pro-abortion rights groups who saw the law as a first step toward restricting abortions and removing a safe option for some seriously ill women.

And Bush-Cheney '04 Campaign Chairman Marc Racicot said, "Today's tragic ruling upholding partial-birth abortion shows why America needs judges who will interpret the law and not legislate from the bench. A majority of Americans oppose partial-birth abortion, and Judge Hamilton's decision flies in the face of Congress passing and President Bush signing legislation banning such horrible acts of violence."

Ah, yes, another activist judge legislating from the bench. Thank God for the activist judges, for they shall keep us all free.