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Judge Blocks Abortion Ban

Aired November 06, 2003 - 14:59   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


KYRA PHILLIPS, CNN ANCHOR: Up first, what's shaping up to be a battle between the courts and the government. A federal judge has just issued a temporary restraining order against enforcement of the new law banning a controversial medical procedure often referred to as partial-birth abortion.
CNN's Maria Hinojosa has the latest on the legal maneuvers for us -- Maria.

MARIA HINOJOSA, CNN CORRESPONDENT: Kyra, this is the second time now that a judge has sided with abortion rights activists who are trying to put a stop to a ban on late-term abortions that was signed into law by President Bush just about 24 hours ago.

The president signed the partial-birth abortion ban of 2003. But abortion rights activists headed to court, saying the was far-reaching and unconstitutional. In federal court in New York yesterday, ACLU lawyers representing the National Abortion Federation told the judge that this ban was unconstitutional, because it provided no exception for a woman's health. And the ACLU lawyers said that this was the government interfering with the private lives of women and their doctors.

Now, the Bush administration said that this was a ban on a very specific type of late-term abortion. In medical terms, it's called an intact D&E. But foes of abortion call it a partial-birth abortion. It's a very rare practice that doctors say often occurs only when a woman's health is in danger.

Abortion rights activists, though, said that the ban was just the beginning of a slow and targeted attempt to try to restrict women's access to abortions.

Let's hear now what President Bush had to say about this yesterday.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: For years, a terrible form of violence has been directed against children who are inches from birth, while the law looked the other way. Today, at last, the American people and our government have confronted the violence.

(END VIDEO CLIP)

HINOJOSA: Now you have two judges, one in Nebraska and here in New York, who have sided with the abortion rights activists, saying that the lawyers representing the National Abortion Federation, which claims to represent about half of the abortion providers in the country, proved yesterday in court that, if this ban went into effect, women's health could be endangered.

Now, this temporary restraining order would protect those doctors affiliated with the National Abortion Federation, which has doctors that operate abortions across the country -- Kyra.

PHILLIPS: Maria Hinojosa, thank you.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired November 6, 2003 - 14:59   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Up first, what's shaping up to be a battle between the courts and the government. A federal judge has just issued a temporary restraining order against enforcement of the new law banning a controversial medical procedure often referred to as partial-birth abortion.
CNN's Maria Hinojosa has the latest on the legal maneuvers for us -- Maria.

MARIA HINOJOSA, CNN CORRESPONDENT: Kyra, this is the second time now that a judge has sided with abortion rights activists who are trying to put a stop to a ban on late-term abortions that was signed into law by President Bush just about 24 hours ago.

The president signed the partial-birth abortion ban of 2003. But abortion rights activists headed to court, saying the was far-reaching and unconstitutional. In federal court in New York yesterday, ACLU lawyers representing the National Abortion Federation told the judge that this ban was unconstitutional, because it provided no exception for a woman's health. And the ACLU lawyers said that this was the government interfering with the private lives of women and their doctors.

Now, the Bush administration said that this was a ban on a very specific type of late-term abortion. In medical terms, it's called an intact D&E. But foes of abortion call it a partial-birth abortion. It's a very rare practice that doctors say often occurs only when a woman's health is in danger.

Abortion rights activists, though, said that the ban was just the beginning of a slow and targeted attempt to try to restrict women's access to abortions.

Let's hear now what President Bush had to say about this yesterday.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: For years, a terrible form of violence has been directed against children who are inches from birth, while the law looked the other way. Today, at last, the American people and our government have confronted the violence.

(END VIDEO CLIP)

HINOJOSA: Now you have two judges, one in Nebraska and here in New York, who have sided with the abortion rights activists, saying that the lawyers representing the National Abortion Federation, which claims to represent about half of the abortion providers in the country, proved yesterday in court that, if this ban went into effect, women's health could be endangered.

Now, this temporary restraining order would protect those doctors affiliated with the National Abortion Federation, which has doctors that operate abortions across the country -- Kyra.

PHILLIPS: Maria Hinojosa, thank you.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com