U.S. Supreme Court hears Partial Birth Abortion Case

Dakstang

WC's Resident Redneck

This comes from msnbc.com

Supreme Court to weigh late-term abortions

Newly constituted court plunges into contentious issue


WASHINGTON - The Supreme Court said Tuesday it will consider the constitutionality of banning a type of late-term abortion, teeing up a contentious issue for a newly-constituted court already in a state of flux over privacy rights.

The Bush administration has pressed the high court to reinstate the federal law, passed in 2003 but never put in effect because it was struck down by judges in California, Nebraska and New York.

The outcome will likely rest with the two men that President Bush has recently installed on the court. Justices had been split 5-4 in 2000 in striking down a state law, barring what critics call partial birth abortion because it lacked an exception to protect the health of the mother.

But Justice Sandra Day O’Connor, who was the tie-breaking vote, retired late last month and was replaced by Samuel Alito. Abortion had been a major focus in the fight over Alito’s nomination because justices serve for life and he will surely help shape the court on abortion and other issues for the next generation.

Alito, in his rulings on the 3rd U.S. Circuit Court of Appeals in Philadelphia, has been more willing than O’Connor, the first woman justice, to allow restrictions on abortions, which were legalized in the Roe v. Wade decision in 1973.


The federal Partial-Birth Abortion Ban Act prohibits a certain type of abortion, generally carried out in the second or third trimester, in which a fetus is partially removed from the womb, and the skull is punctured or crushed.

Justices on a 9-0 vote vote in a New Hampshire case reaffirmed in January that states can require parental involvement in abortion decisions and that state restrictions must have an exception to protect the mother’s health.

The federal law in the current case has no health exception, but defenders maintain that the procedure is never medically necessary to protect a woman’s health.

'Symbolic tug of war'
Even with O’Connor’s retirement, there are five votes to uphold Roe, the landmark ruling that established a woman’s right to an abortion.

Alito’s views “are not going to change the outcome of the central principle of Roe v. Wade,� said John Garvey, the dean at Boston College Law School. “In some ways, these are tokens or markers in ... a symbolic tug of war.�

Bush has called the so-called partial birth abortion an “abhorrent practice,� and his Supreme Court lawyer, Solicitor General Paul Clement, had urged justices not to delay taking up the administration’s appeal.

The case that will be heard this fall comes to the Supreme Court from Nebraska, where the federal law was challenged on behalf of physicians. Doctors who perform the procedure contend that it is the safest method of abortion when the mother’s health is threatened by heart disease, high blood pressure or cancer.

“Every court considering this ban has found that it lacks the necessary protections for women’s health,� said Vicki Saporta, president of the National Abortion Federation.
Fifteen states urged justices to review the case: Alabama, Arkansas, Colorado, Florida, Idaho, Kansas, Michigan, Missouri, Ohio, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Virginia.

The case was one of four that justices agreed to hear on Tuesday, Alito’s first day on the bench. The others involve more routine issues: patents, prison sentences, and lawsuits over pay phone charges.

Jay Sekulow, chief counsel for the conservative American Center for Law and Justice, said the court’s announcement was “an incredibly important decision that puts the issue of partial-birth abortion front and center.�

The case is Gonzales v. Carhart, 05-380.
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This is a very brutal type of abortion and it looks like they are going to uphold the ban and enforce it finally. I hope so.

Mr. Kennedy

They partially remove the fetus and then puncture or crush its skull? I'm all for banning that type of abortion.

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Dakstang

WC's Resident Redneck

Yeah. From what I have read the baby is partially born, it is moving, and they then reach up into the birth canal and crush it's skull with something like a pair of salad tongs. Very brutal, and there is no exuses for this procedure.

Jackie Pies

It is a brutal procedure. I just re read Roe v. Wade for my constitutional law class. The opinion spends a lot of time talking about the difference between 1st trimester as compared w/ 2nd and 3rd trimester. So on that I would say the court could easily sway in favor of the ban - but there is also a lot of time spent on the issues of the mother's health. The idea that the mother comes first is repeated pretty much every time they mention the State's interest in preserving the fetus. They also spend a good chunk of the opinion discussing whether a fetus is a person and thus has a fundamental right to life as our citizens do. But ultimately they don't want to call a fetus a person, but that's Roe. Times and justices have changed and only time will tell. I think they might still insist on safety measures for moms. Speculators can say, well, the procedure has never been needed for the mother's health - but, and I'm not a doctor so I don't know myself, but I think that may be hard to prove or at least it might be hard to prove that it will never be the case. I think the mother's health may be what this case might ultimately turn on.
If anyone wants, here is a link to the Roe v. Wade opinion:
http://www.law.umkc.edu/faculty/proj...onlaw/roe.html

Miakal

I agree with Bill Clinton on the issue. It is a somewhat brutal procedure but the health of the mother should be the first issue at hand. Unless her needs are taken care of, there's really no need to go crazy and ban this.

From what I understand about abortion, and I admit it's very little, this practice is quite rare.