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Judge Throws Out Late-Abortion Ban

November 25, 1998| Associated Press

MIAMI — A federal judge threw out a state law banning a controversial type of late-term abortion on Tuesday, ruling that the measure is unconstitutionally vague.

The 1997 law "has the unconstitutional purpose and effect of placing a substantial obstacle in the path of women seeking an abortion prior to the fetus attaining viability," said U.S. District Judge Donald Graham.

Graham ruled that the law prohibited some early abortions and failed to protect a pregnant woman's health.

During a two-day hearing before Graham in August, doctors testified that the law, though ostensibly aimed at the relatively rare type of late-term procedure, would make almost all abortions illegal in the state.

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