Published in Federal supplement
A U.S. District Court enjoined enforcement of Kentucky's Partial Birth Abortion Act because it found that the Act violated the 14th amendment to the U.S. Constitution on the grounds of over-breadth. The Act had banned procedures where a living fetus, or a "substantial portion thereof," is delivered vaginally, and then is killed. Although Kentucky i...
Published in Federal supplement
The U.S. District Court for the Western District of Wisconsin denied a motion for a preliminary injunction on Wisconsin's "partial-birth abortion" act. The court held that the act was likely to survive a vagueness challenge because its liability provisions make clear that it refers to a specific abortion procedure, intact dilation and extraction, a...
Published in Federal supplement
The U.S. District Court for the Eastern District of Louisiana granted a motion for a preliminary injunction against enforcement of a Louisiana statute which made an abortion provider liable, in tort, "for any damage occasioned or precipitated by the abortion," even when the woman had signed a consent form. The court held that the state statute was ...
Published in Federal supplement
The U.S. District Court for the District of Montana held Montana's Parental Notice of Abortion Act constitutional on the grounds that the state law does not violate the federal equal protection clause and that the judicial bypass procedure as specified in the Act adequately protects privacy, anonymity, and confidentiality. The court recognized that...
Published in Federal supplement
The U.S. District Court for the Western District of Wisconsin concluded that the major portion of Wisconsin's new law on abortion is constitutional in light of the Supreme Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey. The court considered whether the three parts of the law were substantial obstacles to a woman's choi...
Published in Federal supplement
The U.S. District Court for the District of Nebraska issued a preliminary injunction to prevent enforcement of Nebraska's partial birth abortion law on the grounds that the law criminalized the intact dilation and extraction abortion procedure and violated the due process clause of the Fourteenth Amendment. Nebraska's ban on this particular method ...
Published in Federal supplement
The U.S. District Court for Eastern District of Michigan, Southern Division, granted an injunction against enforcement of Michigan's "Partial Birth Abortion" statute. The state law made partial birth abortion a crime except when "necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or phy...
Published in Federal supplement
The U.S. District Court for the District of Hawaii denied motions for summary judgment and certification of a class action suit by two members of the armed services who refused to give blood and tissue samples for DNA identification of bodies in wartime. Mayfield and Vlacovsky were U.S. Marines on active duty at the time they refused to obey an ord...
Published in Federal supplement
The U.S. District Court, District of New Jersey, held that D.B., a patient who was denied dental service because of his HIV status, had a disability and had set forth a case under the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination. In view of the defendant's recalcitrance and his humiliating treatment of the pla...
Published in Federal supplement
The U.S. District Court for the District of Oregon found unconstitutional the Oregon Death with Dignity Act, which allows a terminally ill patient to obtain a doctor's prescription for a fatal drug dosage in order to commit suicide. The court held that the state law, which classified competent terminally ill patients as a group and established proc...
