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Rhode Island Medical Society v. Whitehouse.


 The United States District Court for the District of Rhode Island, on 30 August 1999, enjoined enforcement of Rhode Island's partial-birth abortion ban act. The act defined partial-birth abortion as "an abortion in which the person performing the abortion vaginally delivers a living human fetus before killing the infant and completing the delivery." The act also provided that a physician could perform an aborton on a viable fetus if necessary to save the mother's life only if "no other medical procedure would suffice for that purpose." The United States District Court found Rhode Island's statute to be constitutionally flawed in four respects. First, the court ruled that the definition of partial-birth abortion was unconstitutionally vague within the meaning of the Fourteenth Amendment to the United States Constitution since it implicitly banned the legally protected D & E procedure along with the impermissible D & X procedure. Secondly, following the United States Supreme Court precedent, the court invalidated the statute because it lacked a provision that would permit a partial-birth abortion to preserve the mother's health. Thirdly, the court concluded that the section of the statute permitting a partial-birth abortion to save the mother's life was inadequate. Finally, the court found that the statute placed an undue burden on a woman's right to an abortion within the meaning of the Fourteenth Amendment. Its provision for a civil action against an abortion provider by the father of a fetus or by a minor's parents could involve third parties in the abortion decision against a woman's will.
