Court Backs Ban on Abortion Procedure
WASHINGTON (AP) - The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long- awaited victory they expected from a more conservative bench.
The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman's constitutional right to an abortion.
The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman's constitutional right to an abortion.
posted by BP News Bureau | 10:50 AM
1 Comments:
I don't understand what all the fuss is about. The fact is that Anthony Kennedy makes clear that he is open to a case where the litigant asserts a health exception to partial-birth abortion. He makes this clear in several ways, including distinguishing between a "facial" vs. "as-applied" challenge, and all but invites such a challenge. That is, he is soliciting a health-exception challenge. Kennedy also telegraphs how he'll vote — with the other four activists. In short, he says the federal statute, which excepts partial-birth abortion in cases that threaten the life of the mother (thereby narrowing the health exception), is consistent with past court rulings, but he is prepared to reverse course in a future case involving non-life threatening health exceptions. Maybe today's decision will temporarily chill doctors from performing partial-birth abortions. But the emphasis here is on word "temporary."
The radical pro-abortion movement will mischaracterize this decision. They will claim it's a huge setback for choice. Their purpose will be to mobilize their forces against any limits, no matter how reasonable or narrow. And the Democrat presidential candidates will issue scathing and misinformed (perhaps intentionally) statements about the supposedly right-wing Supreme Court. But, in truth, they have much to celebrate today. Anthony Kennedy has already signaled his true intentions. And I have no doubt the pro-abortion movement is already looking for its next case.
As for the media, the reporting so far has been straight out of a NARAL press release. I would encourage "journalists" to actually read the decision. I know it's over 70 pages long, so maybe they'll want someone to read it to them.
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