Partial-Birth Abortion Ban Upheld In Wisconsin

By Mary Spaulding Balch, J.D. Director, NRLC State Legislation Department

On May 28, U.S. District Judge John Shabaz ruled that Wiscon-sin's law banning partial-birth abortions is constitutional.

Shabaz rejected plaintiffs' claim that the 1998 law was vague. In addition he held that the law does not place an undue burden on women and agreed that the state has a valid interest in banning the procedure.

"The partial-birth abortion is never medically necessary to preserve the health of the woman," Judge Shabaz said in an oral opinion issued from the bench.

Wisconsin's partial-birth abortion ban took effect May 14, 1998, but was immediately challenged by Planned Parenthood. Last June, Judge Shabaz denied Planned Parenthood's motion to block enforcement of the law, which he called "Wisconsin's attempt to ban a gruesome and less-than-humane procedure." Planned Parenthood immediately appealed his decision to the Seventh Circuit U.S. Court of Appeals, and the appeals court granted a stay pending trial.

The law prohibits an abortion method in which the abortionist partially removes the living child from the mother, pierces the baby's skull, and suctions out the brains. The intact dead baby is then fully removed.

The law defines a partial-birth abortion as "an abortion in which the person partially vaginally delivers a living child, causes the death of the partially delivered child with the intent to kill the child, and then completes delivery of the child."

"The law is very specific because it prohibits killing the child with intention while the child is being born," said Barbara Lyons, executive director of Wisconsin Right to Life. "This appalling act has truly captured the attention of not only the public but also the legislature, which moved very quickly to prohibit this horrendous procedure."

Opponents said the decision will be appealed to the Seventh Circuit U.S. Court of Appeals. Judge Shabaz continued the injunction as the matter continues through the appeals process.

Susan Armacost, legislative director for Wisconsin Right to Life, told NRL News, "We're cautiously optimistic that this law will be upheld as well it should be." (See story, this page for more details.)