National Abortion Federation v. Gonzales

JON O. NEWMAN, Circuit Judge.

The issue on this appeal is whether the federal statute prohibiting an abortion *281method generally medically known as dilation and extraction (“D & X”) and sometimes colloquially and in federal and state statutes called “partial birth abortion” is unconstitutional for lack of an exception permitting the procedure to be used to protect the health of a pregnant woman. The Government appeals from the August 27, 2004, judgment of the District Court for the Southern District of New York (Richard Conway Casey, District Judge) declaring the statute unconstitutional for…