AG Nominee Defending Partial-Birth Abortion: ‘The Phrase “Living Fetus”‘ is ‘Hopelessly Vague’

Attorney General nominee Loretta Lynch joined a group of former U.S. attorneys in signing an amicus brief presented to the Supreme Court in 2006 in the case of Gonzales v. Carhart that argued that the federal ban on partial-birth abortion was unconstitutional because its language was too vague.

In their brief, for example, Lynch and the other former U.S. attorneys argued that the term “living fetus” was too vague to be understood by those responsible for following and enforcing the law.

Congress enacted the Partial-Birth Abortion Ban Act in 2003 with broad bipartisan support. Senators Joe Biden of Delaware, Harry Reid of Nevada, and Patrick Leahy of Vermont all voted for it.