apnews.myway.com/article/2...7CL00.html
The Supreme Court's conservative majority handed anti-abortion forces a major victory Wednesday in a decision that bans a controversial abortion procedure and set the stage for further restrictions.
For the first time since the court established a woman's right to an abortion in 1973, the justices upheld a nationwide ban on a specific abortion method, labeled partial-birth abortion by its opponents.
The 5-4 decision written by Justice Anthony Kennedy 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 law is constitutional despite not containing an exception that would allow the procedure if needed to preserve a woman's health, Kennedy said. "The law need not give abortion doctors unfettered choice in the course of their medical practice," he wrote in the majority opinion.
The Supreme Court's conservative majority handed anti-abortion forces a major victory Wednesday in a decision that bans a controversial abortion procedure and set the stage for further restrictions.
For the first time since the court established a woman's right to an abortion in 1973, the justices upheld a nationwide ban on a specific abortion method, labeled partial-birth abortion by its opponents.
The 5-4 decision written by Justice Anthony Kennedy 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 law is constitutional despite not containing an exception that would allow the procedure if needed to preserve a woman's health, Kennedy said. "The law need not give abortion doctors unfettered choice in the course of their medical practice," he wrote in the majority opinion.
-
Re: Supreme Court OKs Abortion Procedure Ban
Wed, April 18, 2007 - 7:28 PMThe wording of the ruling is especially concerning for pro-choice advocates. It appears to have opened a door for more laws limiting abortion and establishes the basis for ethical and morals ground for such considerations. -
-
Re: Supreme Court OKs Abortion Procedure Ban
Wed, April 18, 2007 - 7:30 PM"The law need not give abortion doctors unfettered choice in the course of their medical practice,'' Kennedy said in the majority opinion. As long as the law does not impose an "undue burden,'' he said, the government may "bar certain procedures and substitute others, all in furtherance of its legitimate interests in regulating the medical profession in order to promote respect for life, including life of the unborn.''
Kennedy said Congress was entitled to conclude that a certain type of abortion "implicates additional ethical and moral concerns that justify a special prohibition.'' The law is a reasonable measure to encourage women to give birth rather than undergoing such abortions, while also encouraging doctors to "find different and less-shocking methods,'' Kennedy said.
He was joined by the two Bush appointees, Chief Justice John Roberts and Justice Samuel Alito, and by Thomas and Scalia. Alito was appointed by Bush last year to replace O'Connor.
Dissenters were led by Justice Ruth Bader Ginsburg, the court's only woman. She called the ruling an "alarming'' retreat from earlier decisions that had required abortion restrictions to contain exceptions to protect a pregnant woman's health.
"The court deprives women of the right to make an autonomous choice, even at the expense of their own safety,'' said Ginsburg, joined by Justices John Paul Stevens, David Souter and Stephen Breyer. "This way of thinking reflects ancient notions about women's place in the family and under the Constitution.''
The dissenters also said the alternative methods mentioned by the majority were all potentially more dangerous than the banned procedure. They included an injection that would kill the fetus in the womb, or a vacuum-like induction that requires hospitalization.
The justices' opinions are available online at www.supremecourtus.gov/opinions...-380.pdf. -
-
Re: Supreme Court OKs Abortion Procedure Ban
Wed, April 18, 2007 - 7:31 PM -
-
Re: Supreme Court OKs Abortion Procedure Ban
Thu, April 19, 2007 - 3:36 PMA ruling like this I myself take as the begining of the end of the Roe.
The real fight will soon be on the State level...
-
-
-
-
Re: Supreme Court OKs Abortion Procedure Ban
Fri, April 20, 2007 - 6:39 AMCareful not to overreact.
The court's holding does not undermine Roe. What I see is the abortion rights crowd responds unrealistically and excessively to every single abortion issue.
The abortion rights crowd has their toes on retroactive abortion rights: The freedom to euthanize a child that is discovered to be unwanted or unplanned after the fact of a live birth.
If an abortion procedure arose that required that 50 white makes over 40 had to die (for some medically indicated reason) in order to carry out one abortion using this procedure the Abortion Rights crowd would demand that it be legal.