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Supreme Court vacates Missouri partial birth abortion ban ruling

[JURIST] The US Supreme Court [official website; JURIST news archive] issued an order [PDF text] Monday that vacated a 2005 decision [PDF] by the US Court of Appeals for the Eighth Circuit striking down Missouri's 1999 "partial birth" abortion ban. After the Supreme Court's decision last week in Gonzales v. Carhart [Duke Law case backgrounder; JURIST report], the Eighth Circuit ruling was out of step with the Court's upholding of the federal Partial Birth Abortion Ban Act of 2003 [PDF text]. The Missouri case has been remanded to the Eighth Circuit. Missouri Attorney General Jay Nixon [official website] said he plans to appeal to the Circuit Court to vacate its injunction on the ban.

In Gonzales, the Court held that groups challenging the partial birth abortion ban [JURIST news archive] "have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." The 5-4 decision marked the first time the Court has upheld a complete ban on an abortion procedure. AP has more.

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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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