From Holden:

A federal judge in New York just ruled that Bush’s ban on dialation and extraction (the misnamed “partial-birth abortion”) is unconstitutional. I know this will be red meat for the RNC next week, but it is the correct decision.

In a highly anticipated ruling, a federal judge found the Partial-Birth Abortion Ban Act unconstitutional Thursday because it does not include a health exception.

[snip]

A San Francisco judge has already declared the 2003 law unconstitutional, and a judge in Lincoln, Nebraska, is still considering the question. The three judges suspended the ban while they held the trials.