Court Blocks Key Parts of Stiff Pennsylvania Abortion Curbs

A federal judge blocked key sections of Pennsylvania’s 1989 abortion law Thursday, giving abortion rights advocates a first-round victory in a battle over the most stringent controls in the nation.

With the effective date of the law five days away, U.S. District Judge Daniel H. Huyett issued an injunction blocking a 24-hour waiting period and a requirement that women notify their husbands before having an abortion.

Sections banning abortions intended to eliminate a fetus because of its sex and prohibiting most abortions after 24 weeks of pregnancy were not challenged.

The ruling “is an important first step in the battle to preserve women’s rights to choose abortion in Pennsylvania,” lawyer Thomas E. Zemaitis said, speaking on behalf of the Women’s Law Project in Philadelphia.

A complaint challenging provisions in the law was filed by Planned Parenthood of Southeastern Pennsylvania and other clinics as an amendment to a pending case against the state’s abortion law.

Anti-abortion leaders predicted that the law would survive a court challenge and claimed victory because the injunction did not affect the ban on sex selection and the 24-week prohibition.

“It’s a big step forward for the pro-life side. . . . Two great provisions go into effect next week,” said state Rep. Stephen Freind, who drafted the law.

Freind said that anti-abortion groups would not appeal the injunction because it would slow down progress toward an eventual ruling on the law.