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Title: Partial Birth Aboritoin Ban Act: Legal
Description: Not Unconstitutional


Deltasix - April 18, 2007 03:21 PM (GMT)
QUOTE (Washington Post)
Court Backs Ban on Abortion Procedure
By MARK SHERMAN
The Associated Press
Wednesday, April 18, 2007; 10:30 AM


WASHINGTON -- 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 opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," Justice Anthony Kennedy wrote in the majority opinion.

The decision pitted the court's conservatives against its liberals, with President Bush's two appointees, Chief Justice John Roberts and Justice Samuel Alito, siding with the majority.

Justices Clarence Thomas and Antonin Scalia also were in the majority.

It was the first time the court banned a specific procedure in a case over how _ not whether _ to perform an abortion.

Abortion rights groups have said the procedure sometimes is the safest for a woman. They also said that such a ruling could threaten most abortions after 12 weeks of pregnancy, although government lawyers and others who favor the ban said there are alternate, more widely used procedures that remain legal.

The outcome is likely to spur efforts at the state level to place more restrictions on abortions.

More than 1 million abortions are performed in the United States each year, according to recent statistics. Nearly 90 percent of those occur in the first 12 weeks of pregnancy, and are not affected by Wednesday's ruling.

Six federal courts have said the law that was in focus Wednesday is an impermissible restriction on a woman's constitutional right to an abortion.

The law bans a method of ending a pregnancy, rather than limiting when an abortion can be performed.

"Today's decision is alarming," Justice Ruth Bader Ginsburg wrote in dissent. She said the ruling "refuses to take ... seriously" previous Supreme Court decisions on abortion.

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More- WP

Thehuman08 - April 18, 2007 09:49 PM (GMT)
I had predicted (of course I'm sure many had) that this was coming, since the bench changes during the Bush Administration. While I see the reasoning behind this ruling, I have to say I don't know....

Its not that I'm against this procedure which when one explores what it entails, can't help but be a little bit repulsed, at least one an a visceral emotional level. But emotions do not make the foundations of laws and policies, so i can't help but also feel that this is another stop toward the destruction of the right to abortion. I just think in addition to further late-term bans, they just encourage early term post-sexual drugs, such as the morning-after pill, and make them OTC. I think this would be both ethical and practical.

Che Guevara - April 18, 2007 10:09 PM (GMT)
At 12 weeks, does the fetus have a nervous system? If he (or it?) doesn't, then the ban against this procedure is only on the "visceral emotional level", as Thehuman08 says, and it shouldn't be considered more gruesome than any other kind of abortion procedure.

I must admit that though I'm not quite a pro-life, I don't care much for abortions after 12 weeks, except if pregnancy threatens the mother's life or health or in case of fetal defect. In all other cases, the woman has had enough time to decide whether she wants to keep the baby. Besides, there's also that thing called contraception...

Kevin Beckman - April 19, 2007 12:40 AM (GMT)
QUOTE
The opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," Justice Anthony Kennedy wrote in the majority opinion.


What does he mean a 'large fraction'? Unconstitutional is unconstitutional. It doesn't matter how small of a number of people it will affect.

RancerDS - April 21, 2007 05:16 PM (GMT)
Don't like the idea of any abortion at all, but still feel that it is a woman's right to decide what to do with her body. The law(s) against late abortions make sense because it is questionable when the fetus is actually a "body". And a line has to be drawn somewhere on how long they should take to decide to terminate.

This is something that the authors of our Constitution really considered occuring. In the pursuit of life, liberty and happiness... that could be loosely applied to mother or child within the womb.




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