About Us

Contact Information

How You Can Make a Difference

Legislative Action Center


Policy Information Center


Religious Liberty

Send Me
More Information




Partial-Birth Abortion Ban Act Declared Unconstitutional 
by U.S. District Judge          

For Immediate Release. June 2, 2004 On June 1, 2004, the Partial-Birth Abortion Ban Act of 2003 was declared unconstitutional by US District Judge Phyllis Hamilton in San Francisco, California.  Contrary to Judge Hamilton's ruling, “This inhumane and heinous procedure is medically unnecessary that causes pain to the unborn child, “ said Dr. Joel P. Rutkowski, president of the American Voice Institute of Public Policy.    

Unconstitutional is the ban since it unduly burdens a women's right to choose a second-trimester abortion.  It is overtly vague and does not contain an exception to allow partial-birth abortion when the physician determines it is required to preserve the woman's health concluded Judge Hamilton.   Also, the ban's wording could be interpreted to apply throughout any trimester of pregnancy and could ban another (more common) type of abortion in which the fetus is dismembered in utero and removed vaginally said Judge Hamilton.  

The procedure medically known as “intact dilation and extraction,” or D&X is commonly referred to as partial-birth abortion.  It was banned in November when President Bush signed into law the Partial-Birth Abortion Ban Act of 2003.  An unborn child is partially removed from the womb and its skull is punctured or crushed during the procedure.  Furthermore, according to the American Medical Association, this procedure is never medically necessary.  

As a result of Judge Hamilton's (appointed in 2000 by President Clinton) ruling, the ban cannot be enforced against Planned Parenthood clinics nationwide or against any physician to whom Planned Parenthood makes referrals.  For other abortion physicians including independent abortion facilities in San Francisco, California or elsewhere that are not associated with Planned Parenthood and do not take referrals from the group, the ban would continue to be enforced.  

“US District Judge Phyllis Hamilton has moved into actual legislation and policy-making from the bench which is solely the responsibility of elected representatives and has passed far beyond her designed role of settling disputes under the law,“ said Dr. Joel P. Rutkowski.   He added, “Tragically, America, a republic, is becoming more like an oligarchy that is ruled by judicial fiat that seriously distorts constitutional checks and balances.  Although laws are legitimately enacted by the people through their elected representatives such as the Partial-Birth Abortion Ban Act of 2003, liberal judges such as US District Judge Phyllis Hamilton continue to unconstitutionally overturn any law of the land and no longer interrupt the law but make it.   Wrongfully, as well as unconstitutionally, the minority belief has become the majority view by the willing assistance of judges like Phyllis Hamilton.  She is imposing her own system of values on others by judicial fiat and has disregarded the legislative process.”

For Interviews Contact:

Joel P. Rutkowski, P.h.D.
President, The American Voice Institute Of Public Policy


Back to the American Voice Institute of Public Policy Home Page