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Sunday, Jan. 25
The Indiana Daily Student

world

NY judge blocks law

NEW YORK -- In a ruling that could have a coast-to-coast effect, a federal judge Thursday blocked the government's new ban on certain late-term abortions -- the second court victory for abortion-rights advocates since President Bush signed the law.\nU.S. District Judge Richard Casey granted a request by the National Abortion Federation and seven doctors to block enforcement of the ban.\nThe ruling applies only to the plaintiffs, but it could have broad application. The federation says that its members perform half of the abortions done nationwide.\nThe decision follows a separate ruling Wednesday by a federal judge in Nebraska who also blocked the ban. That ruling covers four doctors, who together are licensed in 13 states across the Midwest and East, and their staffs. A San Francisco judge has also scheduled arguments in a similar challenge.\nCasey noted in a three-page order that the plaintiffs would suffer irreparable harm without a court injunction.\nHe said the government made clear at a hearing Wednesday that the medical community is conflicted as to whether the procedures covered by the law are necessary to protect a woman's health and that Congress did not find a consensus.\n"Given the (government's) position, the court is constrained, at this time, to conclude that it is substantially likely that plaintiffs will succeed on the merits," Casey wrote.\nMichael Kulstad, a spokesman for U.S. Attorney James B. Comey, whose office argued the case before Casey, declined comment.\nLouise Melling, director of the American Civil Liberties Union's Reproductive Freedom Project, called the decision "incredibly important for women's health." The ACLU represented the National Abortion Federation in the court challenge.\nDonna Lieberman, executive director of the New York Civil Liberties Union, said the ruling would have an effect nationwide.\n"It's hard to imagine the federal government would try to enforce the law against anyone who might be providing abortions but is not a member of the protected group," Lieberman said.\n"Allowing Congress to practice medicine without a license endangers the lives and health of women," said Vicki Saporta, chief executive officer of the federation. "Thankfully, the court understood the gravity of the situation and stopped this law from taking effect"

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