That's not why it was criminalized
Quote of note (because it's so subtly wrong)
The Partial-Birth Abortion Ban Act of 2003, signed by President Bush in November, criminalizes a procedure that doctors call intact dilation and opponents call "partial-birth" abortion because it may involve partially removing a fetus from its mother's womb to terminate it.
Ashcroft Appeals Calif. Judge's Abortion Ruling
Mon Aug 2, 2004 07:50 PM ET
LOS ANGELES (Reuters) - The U.S. Justice Department on Monday will appeal a San Francisco federal judge's ruling that a 2003 law banning late-term abortions was unconstitutionally broad, court documents show.
Justice department attorneys filed a notice of appeal to the 9th U.S. Circuit Court of Appeal, challenging the June 1 ruling by U.S. District Judge Phyllis Hamilton.
Hamilton sided with plaintiff Planned Parenthood in barring U.S. Attorney General John Ashcroft from enforcing the ban on late-term abortions at Planned Parenthood's 900 U.S. clinics.
Opponents said the law could have barred abortions as early as 12 to 15 weeks in pregnancy, when doctors say the procedure is safest for women.
Planned Parenthood president Gloria Feldt on Monday criticized Ashcroft for spending tax dollars "to fund his anti-choice crusade" and vowed to "go back to court to ensure that this dangerous abortion ban never harms American women."
Justice department attorneys did not detail their grounds for appeal,