The third federal judge asked to consider the Partial Birth Abortion Act of 2003, has followed the lead of two other federal courts and blocked enforcement of the new law.
According to this Associated Press report by David Kravets:
U.S. District Judge Phyllis Hamilton of San Francisco ruled that the law appeared unconstitutional because it provided no exemptions for a woman's health. The basis for her ruling mirrored the reasons cited by the other judges.Going further than her counterparts in Nebraska and New York Judge Hamilton called the law "an undue burden on a woman's right to choose."
UPDATE - In the Friday edition of the San Jose Mercury News, Howard Mintz provides some additional detail of the argument before Judge Hamilton.
The Justice Department argued before Judge Hamilton that Congress considered medical evidence and had the authority to craft the law in response to the Supreme Court's ruling.
But after a two-hour hearing, Hamilton favored Planned Parenthood's argument that Congress enacted a law that conflicts with the Supreme Court's precedent. Judge Hamilton also agreed with Planned Parenthood that the law is so broad it could jeopardize other forms of abortion.