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September 29, 2004
Been there, done that
The Lincoln Journal-Star is reporting that the government is appealing Judge Kopf's recent decision in D.Neb. overturning the late-term abortion ban to the 8th Circuit. Deja vu?
In 1998, Judge Kopf overturned an almost identical Nebraska law due to the lack of a health exception. The state of Nebraska then appealed to the 8th Cir. where Judge Kopf's decision was upheld. Carhart v. Stenberg, 192 F.3d 1142 (8th Cir. 1999). The state then appealed to the Supreme Court where the 8th Circuit's decision was affirmed in Stenberg v. Carhart, 530 U.S. 914 (2000).
Is there any reason to think it'll be any different this time? The justice department has already filed an appeal in the 9th Circuit after the N.D.Cal. decision that followed Stenberg v. Carhart. There's no mention in the article of an appeal being filed in the 2nd Circuit.
I suppose it's a good idea for the government to appeal in all three circuits since a favorable ruling in 1 out of 3 will increase the chance that one of the losing appeals will be granted cert by the Supreme Court, so they can hear the same case they heard in 2000.
Posted by Half-Cocked at September 29, 2004 01:52 PM