Washington, DC – The U.S. 9th Circuit Court of Appeals today ruled that the federal Partial Birth Abortion Act of 2003 is unconstitutional. The following is a statement by Senator Dianne Feinstein (D-Calif.) who had argued against the bill on the Senate floor:

“The Ninth Circuit did the right thing today.  Roe v. Wade made it clear that a woman’s life and health must be protected.  Those pushing for a ban on what they call partial birth abortion failed to succinctly define the medical procedure they seek to ban and they have refused to protect the woman’s health.  For these reasons, the Ninth Circuit struck down the law.

Interestingly, today, the Senate voted to confirm Judge Alito to the Supreme Court where he will likely hear cases involving a woman’s health very soon.  It is my hope that he follows the path of his predecessor, Justice O’Connor, by supporting the compromise created by Roe and Casey, rather than putting his personal views above the law.  Unfortunately, I fear he may not.”