Planned Parenthood Federation of America, Inc. v. Gonzales

This appeal presents a challenge to the constitutionality of the Partial-Birth Abor tion Ban Act of 2003, Pub.L. No. 108-105, 117 Stat. 1201 (codified at 18 U.S.C. § 1531 ). We, like every other federal court that has considered the question, conclude that both the Constitution and the law as established by the Supreme Court require us to hold the Act unconstitutional. Unlike the other courts, however, we do so after fully considering the Supreme Court’s recent decision in Ayotte v. Planned Parenthood of N. New England, — U.S. -, 126 S.Ct. 961 , — L.Ed.2d - (2006). In light of Ayotte , we conclude that the only appropriate remedy is to enjoin enforcement of the Act and we now affirm the district court’s grant of a permanent injunction.

I. Background

A. Postr-First Trimester Abortion Methods

The vast majority of abortions in the United States are performed during the first trimester. Approximately ten percent of abortions are performed during the second trimester. Only about one percent are performed after the twentieth week from the woman’s last menstrual period (“Imp”) and only a small portion of those after the twenty-fourth week, the earliest time at which viability begins.…