TRENTON, N.J. -- A New Jersey law that supporters said was created to ban a specific type of late-term abortion is unconstitutional and cannot be enforced, a federal judge has decided.
Judge Anne Thompson said she overturned the law because its wording was too ambiguous and it could be interpreted to ban all abortions. She said it also is unconstitutional because it does not include an exception if the mother's health is in jeopardy.The law would have banned what opponents call partial-birth abortions. Women who receive the abortions could not have been punished, but their doctors could risk losing their license and face a $25,000 fine.
Gov. Christie Whitman, who supports banning late-term abortions, vetoed the bill because she didn't think it would hold up under constitutional tests. Lawmakers overrode the veto in December 1997, only to have it challenged in court.
Legislative leaders said an appeal of Tuesday's ruling is likely.
Twenty-eight states have passed similar laws, according to the Center for Reproductive Law and Policy in New York.
Abortion-rights advocates in 19 states have won court or state action to partially or totally block the bans because of vague wording or lack of health exceptions, the center said.