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Bench Memos

NRO’s home for judicial news and analysis.

Three Strikes for Partial-Birth Abortion Ban



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Last July, the U.S. Court of Appeals for the Eighth Circuit struck down the federal partial-birth abortion ban. A petition for certiorari filed by the Justice Department is pending. Today, the two more Courts of Appeals followed the Eighth Circuit’s lead. As How Appealing notes here and here, the Ninth and Second Circuits both struck down the PBA ban as well (the latter in a divided opinion, with Clinton nominee Judge Chester Straub dissenting). I would think this increases the likelihood that the Supreme Court will consider the issue, if not later this term then next.



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