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New Jersey

Abortion Ban

AFTER 12 WEEKS

New Jersey has an unconstitutional and unenforceable ban that outlaws abortion procedures as early as 12 weeks.  N.J. Stat. Ann. §§ 2A:65A-5 to 2A:65A-7 (Enacted 1997).

A court held that New Jersey's ban is unconstitutional because it is impermissibly vague and constitutes an undue burden on a woman' right to choose.  The court has issued a permanent injunction prohibiting the law's enforcement.  Planned Parenthood of Cent. N.J. v. Farmer, 220 F.3d 127 (3d Cir. 2000).  The U.S. Supreme Court previously held that a similar ban, which had no exception to protect a woman's health and was written so broadly as to ban more than one procedure, placed an undue burden on a woman's right to choose.  Stenberg v. Carhart, 530 U.S. 914 (2000).

New Jersey's unconstitutional and unenforceable law subjects any physician or licensed health-care professional authorized to provide abortion care, who knowingly provides any abortion procedure that falls within a broad definition, to immediate revocation of his or her professional license and a fine of $25,000, unless necessary to preserve the life of a woman endangered by a physical disorder, illness, or injury.  Any licensed ambulatory care facility in which an illegal termination is provided is subject to immediate license revocation.  N.J. Stat. Ann. §§ 2A:65A-5 to 2A:65A-7 (Enacted 1997).

There is also a Federal Abortion Ban, which applies nationwide regardless of state law.  The federal ban prohibits certain second-trimester abortion procedures and has no exception for a woman's health.  In April 2007, the U.S. Supreme Court upheld the ban, making it the first time since Roe v. Wade that the court has upheld a ban on a previability abortion procedure. Click here to read more about the Federal Abortion Ban.



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