In Conservative Victory, U.S. Supreme Court Upholds Ban on Partial Birth Abortions
Within hours of its passing by Congress in 2003, federal courts in California, New York and Nebraska had found the Act to be unconstitutional. In its decision today, the Supreme Court was ruling on appeals from California and Nebraska.
The Partial Birth Abortion Act of 2003 was passed on a bipartisan basis by the Republican-led Congress in 2003, and promptly signed into law by President Bush. Significant opposition to the bill existed, though, for medical and other reasons.
Opposition to partial birth abortions was strong in 2003, and remains so today. Said the first paragraph of the 2003 Act:
"A moral, medical and ethical consensus exists that the practice of performing a partial-birth abortion...is a gruesome and inhumane procedure that is never medically necessary and should be prohibited."
Supreme Court justices voting with the majority to ban partial birth abortions were Antonin Scalia, Clarence Thomas, Anthony Kennedy and the two conservative nominees by President Bush, Samuel Alito and Chief Justice John Roberts. Justice Kennedy, a moderate nominated by President Reagan, was the unknown "swing" vote in this decision.
Major Victory for Conservatives
This ruling is a major victory for conservatives, as it's the first time the Court has banned a specific abortion procedure.
While the religous right aims to overturn the 1973 Roe vs. Wade ruling that legalized U.S. abortions, today's ruling will be hailed by many social conservatives as a long overdue first step toward banning or significantly limiting abortions.
Wrote Justice Ruth Bader Ginsburg in a dissenting opinion that today's decision...
"tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists."
Partial birth aborton is, indeed, an ugly procedure... one that I, and hopefuly everyone, is deeply uncomfortable with.
Religious leaders are near unanimous in their condemnation of partial-birth abortion as immoral and wrong. And the American Medical Association has said that partial-birth abortion is never medically necessary.
Many doctors believe, though, that there are extreme circumstances which could warrant a partial birth abortion. See Pros & Cons of Partial Birth Abortion for a list of those circumstances.
Unknown Impact on State Laws
While it's unclear the impact today's federal ruling will have on state abortion laws, it's crystal-clear that partial birth abortion is a politically radioactive issue. Expect no serious candidates in the 2008 race for the White House to decry the Supreme Court's decision.
The Partial Birth Abortion Act of 2003 will stand as federal law, at least for the foreseeable future.
Related Reading
Pros & Cons of Partial Birth Abortion
New York Times, April 18, 2007: Supreme Court Upholds Ban on Abortion Procedure
Comments
No matter how each of us personally feels about abortion, the right to have one or not MUST be upheld. Our legislators are NOT doctors and shouldn’t be making these decisions for us.
The American Medical Association quote is used often by the pro-life side, but in fact, the AMA withdrew its support of banning late term abortions. Also, depending on when you look at it, much has changed since. The American Medical Association’s review of the late 90s endorsement found huge problems, that the endorsement was inconsistent with its own standards for legislation, and the early 21st century legislation doens’t take into account new studies that directly disprove the Congressional
fact findings.