State challenge to abortion law tossed

SAN FRANCISCO -- A federal judge on Tuesday tossed out California's challenge to a national abortion law that officials say could cost the state billions in federal funds.

California sued the federal government after President Bush in 2004 authorized harsh financial penalties on states that discriminate against doctors who refuse to provide abortions.

California allows doctors and hospitals to refuse to perform abortions for religious or moral reasons, but the state requires them to perform an abortion when child birth threatens the woman's life or health.

The federal law contains no exception for medical emergencies.

U.S. District Judge Jeffrey White ruled Tuesday that the state can't sue until the federal government actually threatens to withhold funding over an emergency abortion.

California has not yet lost any funding in the apparent clash between state and federal laws, and there have been no incidents of any doctors here refusing to perform emergency abortions and running afoul of the state law.

The judge said the state can't sue "until a woman needs but is refused emergency abortion-related services, California then attempts to enforce its law requiring the provision of such services, and the federal government denies or threatens to deny California federal funds as a result."

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