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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46925 Judge Casey NON-PROFIT ORGANIZATION providing prenatal services and individual physicians challenged the constitutionality of the Partial-Birth Abortion Ban Act of 2003, which bans the procedure called “partial-birth abortion” unless deemed necessary to protect a woman’s life. The court refused to declare the law unconstitutional and denied summary judgment to plaintiffs, who contended that the law makes no exception for the mother’s health. Plaintiffs also challenged the law as vague, an undue burden on the right to reproductive choice and a violation of women’s right to equal protection under the law. The court found a genuine issue of fact as to whether a partial-birth abortion is ever medically necessary to protect a woman’s health. The court based its ruling on the grounds that the state law lacked a maternal health exception and that it placed an undue burden on reproductive choice by banning the procedure used for second-trimester abortions.

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