ACLJ Says Federal Court in New York Has Strong Evidence to Declare Ban on Partial-Birth Abortion Constitutional.

NEW YORK -- The American Center for Law and Justice, which specializes in constitutional law, said today's closing arguments in a federal district court trial in New York City on the issue of partial-birth abortion clearly show that the government has presented a "strong and compelling" case that should prove that the national ban on partial-birth abortion is constitutional.

"The Department of Justice presented a strong and compelling case in support of the ban on partial-birth abortion and that was underscored today at closing arguments," said Jay Sekulow, Chief Counsel of the ACLJ who attended the federal court trial and closing arguments in New York City and is supporting the Department of Justice in the case. "In this case, the government was permitted to provide a full and complete record about why the ban is constitutional and why the horrific procedure is never medically necessary. The taking of the life of a partially born child with this procedure is barbaric and should be off-limits to the medical community. We're hopeful that the court will conclude that the ban is necessary and constitutional."

The ACLJ has filed an amicus brief on behalf of 26 members of Congress with the federal district court in New York in support of the constitutionality of the ban. The brief, posted at www.aclj.org, contends that the government has a "vital and compelling interest" in preventing the spread of the practice of abortion into infanticide.

The brief states: "Partial-birth procedures represent the beachhead of abortion's assault on postnatal life, the bridge between abortion and infanticide."

The ACLJ represents itself and 26 members of Congress - all members of the U.S. House of Representatives. They include: Rep. Robert B. Aderholt (R-AL), Rep. Todd Akin (R-MO), Rep. Bob Beauprez (R-CO), Rep. Marsha Blackburn (R-TN), Rep. Roy Blunt (R-MO), Rep. Michael C. Burgess (R-TX), Rep. Michael "Mac" Collins (R-GA), Rep. Jo Ann S. Davis (R-VA), Rep. Jim DeMint (R-SC), Rep. Jo Ann H. Emerson (R-MO), Rep. Tom Feeney (R-FL), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-AZ), Rep. Scott Garrett (R-NJ), Rep. Phil Gingrey (R-GA), Rep. Melissa A. Hart (R-PA), Rep. Ernest J. Istook, Jr. (R-OK), Rep. Walter Jones, Jr. (R-NC), Rep. Ric Keller (R-FL), Rep. Marilyn Musgrave (R-CO), Rep. Charles "Chip" Pickering, Jr. (R-MS), Rep. Joseph R. Pitts (R-PA), Rep. Jim R. Ryun (R-KS), Rep. Chris Smith (R-NJ), Rep. Mark Souder (R-IN), Rep. John Sullivan (R-OK).

With the trial in New York now concluded, U.S. District Court Judge Richard Casey is expected to issue a decision sometime later this summer or early fall. A federal judge in San Francisco has declared the ban unconstitutional following a federal trial there. And, a federal district court in Nebraska is expected to issue its decision this summer on the constitutionality of the ban.

"This road leads to the Supreme Court," said Sekulow. "The initial findings of the federal district court are very important in developing a record that ultimately will be appealed to the high court. A decision by the New York court that the ban is constitutional would be an important first step in ensuring that partially born children receive the same constitutional protections afforded to all persons."

The American Center for Law and Justice, which specializes in constitutional law and pro-life litigation, is based in Washington, D.C.