When abortion opponents were working hard to get a partial birth abortion law passed over Governor Mel Carnahan’s veto in 1999, opponents warned them they were passing a bill that would be ruled unconstitutional because it lacked an exemption for the woman’s health. Backers of the bill brushed aside that criticism and passed it anyway. Now a federal appeals court in Kansas City has thrown out the law, saying it’s unconstitutional because it lacks an exception for the health of the mother. Attorney General Jay Nixon, whose job includes defending state law, is considering whether to appeal to the U.S. Supreme Court. That court already has held a similar law in Nebraska is unconstitutional.
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