In December 1998, the United States District Court struck down the so-called "partial-birth abortion" ban and permanently blocked it from taking effect. The decision came after a trial in a lawsuit brought by the ACLU-NJ, the ACLU Reproductive Freedom Project, and Planned Parenthood Federation of America on behalf of Planned Parenthood of Central NJ, three physicians, and their patients. The Legislature appealed to the United States Court of Appeals for the Third Circuit. The Third Circuit heard oral argument on the appeal on November 19, 1999. In June 2000, the US Supreme Court issued a decision in Carhart v. Nebraska, striking down a very similar so-called "partial-birth abortion" ban from Nebraska. Following the Supreme Court's decision, the Legislature filed a motion to certify the case to the New Jersey Supreme Court for an interpretation of the meaning of the Act. We filed a brief opposing this motion. On July 26, 2000, the Court of Appeals affirmed the District Court's holding that the Act is unconstitutional and denied the motion to certify the case to the New Jersey Supreme Court.
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