Indiana Congressman Mark Souder (R-IN03) has joined 26 other Republican congressmen in asking an appeals court to overturn a ruling declaring a federal ban on so-called "partial-birth abortions" unconstitutional.
The House members joined a Justice Department appeal that challenges the recent ruling by a federal judge in Nebraska.
The friend-of-the-court brief was filed in the Eighth US Circuit Court of Appeals in Lincoln, Nebraska, by the American Center for Law and Justice.
In September, US District Judge Richard Kopf ruled that the ban, while containing an exception to save the life of the mother, is unconstitutional because it makes no such exception for the health of the woman. He also said the ban poses an undue burden on a woman's right to an abortion.
Kopf said in his ruling that Congress ignored the most experienced doctors in determining that the banned procedure would never be necessary -- a finding he found "unreasonable."
"According to responsible medical opinion, there are times when the banned procedure is medically necessary to preserve the health of a woman and a respectful reading of the congressional record proves that point," Kopf wrote. "No reasonable and unbiased person could come to a different conclusion."
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