Strike Three

A third federal district court (this time in Lincoln, Nebraska) rules that the federal ban on infanticide is unconstitutional.

U.S. District Judge Richard Kopf's decision followed two similar rulings in New York and San Francisco. Those rulings are expected to be appealed to the U.S. Supreme Court.

"The decision by the court in Nebraska is disappointing but not surprising," said Jay Sekulow, chief counsel of the American Center for Law and Justice, which specializes in constitutional law and is supporting the Justice Department in defending the ban in court.

"In the opinion, the court refused to consider the expert testimony of well recognized and highly respected medical experts simply because they had not performed abortions. This conclusion is not only legally flawed but shows the hostility the court exhibits to medical experts who have respect for human life," Sekulow said.

"No one expected the constitutionality of the ban on partial-birth abortion to be decided at the federal district court level. We are hopeful that the appeals process will result in overturning the decisions of the lower courts and conclude that the law designed to end the horrific procedure known as partial-birth abortion survives these constitutional challenges," he added.

Sekulow said the cases are expected to be appealed to the U.S. Supreme Court where both sides are in for a "lengthy and critical legal battle."