U.S. Government’s Appeal in Federal Abortion Ban Case Heads to Court for the First Time

WHAT: Oral argument in Carhart v. Gonzales will be heard at U.S. Court of Appeals for the Eighth Circuit.

The Eighth Circuit will review the U.S. District Court for the District of Nebraska’s decision on September 8, 2004 declaring the “Partial Birth Abortion Act of 2003” unconstitutional. The original challenge against the law was brought by the Center for Reproductive Rights on behalf of four doctors.

Priscilla Smith of the Center for Reproductive Rights will present oral argument.

WHEN: Thursday, April 14, 2005 at 9:00 a.m. (Central Time) Carhart v. Gonzales is third on the agenda.

WHERE: Thomas F. Eagleton Courthouse, 111 South 10th Street, En Banc Courtroom 28th Floor, St. Louis, MO.

For directions, please call the Clerk’s Office at (314) 244-2400.

BACKGROUND: On November 5, 2003, President George W. Bush signed into law the “Partial Birth Abortion Ban Act of 2003.” Shortly thereafter, three challenges to the law were brought by the Center for Reproductive Rights, American Civil Liberties Union and Planned Parenthood Federation of America in separate federal courts. In 2004, all three courts declared the law unconstitutional because it would ban abortions as early as 12 weeks in pregnancy, and would outlaw abortions that doctors say are safe and among the best for women’s health, and because it contains no exception for the woman’s health. The government filed appeals in each case. Carhart v. Gonzales is the first appeal to be heard.

Center for Reproductive Rights President Nancy Northup and lead counsel Priscilla Smith will be available for interviews. Please contact Dionne Scott at (917) 637-3649.

Learn more about the federal abortion ban.