Supreme Courts Upholds Partial-Birth Abortion Ban

Wednesday, April 18, 2007, marked a historic day in United States law, as the Supreme Court handed down their decision to uphold the Partial Birth Abortion Ban Act which was signed into law in 2003 by Presiden Bush, marking the first time the high court has made a decision against the 1973 Roe v Wade and Doe v Bolton decisions that legalized abortion-on-demand right through the third trimester.

New appointees Chief Justice Roberts and Justice Alito joined Thomas, Scalia and Kennedy voted to uphold the ban against the single type of abortion procedure. This case is different from previous cases because it only considers a procedure, and not any timeframe in which an abortion can be performed. While Partial Birth Abortions can only be performed later in a pregnancy, it is not the most common form of late term abortion, and is controversial because of its brutal technique and the lack of proof that it is ever truly medically necessary. The Court assures that the more common forms of abortion, both for early and late-term, will not be affected by this decision, as the Ban is sufficiently narrow to not place an "undue burden" on a woman's right to choose an abortion.

This decision will be attacked as a partisan, right-wing decision because of the addition of Roberts, and Alito who replaced Sandra Day O'Connor, a devout abortion right supporter. Ginsberg, the sole woman left on the Court, dissented alongside Breyer, Souter and Stevens. Abortion rights groups as well as the leading association of obstetricians and gynecologists have said the procedure sometimes is the safest for a woman. Kate Michelman, former head of NARAL Pro-Choice America responded to the decision by saying "This decision not only threatens women's health and the practice of medicine, and the privacy of the doctor-patient relationship, it threatens the fundamental dignity of women."

The majority in this decision feel that the opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," as Justice Anthony Kennedy wrote in the majority opinion. They agreed with Congress, who in 2003 passed a federal law that asserted the procedure is gruesome, inhumane and never medically necessary to preserve a woman's health. In court, Solicitor General Paul Clement, the Justice Department's top lawyer before the court, suggested it is rarely performed, and that other medical options are available, so banning it would therefore not be a real barrier to women.

Sources:

AP. Supreme Court Upholds Partial Birth Abortion Ban Act. April 18,2007. http://www.foxnews.com/story/0,2933,266724,00.html

CBS News. Supreme Court Upholds Controversial Abortion Ban. April 18, 2007. http://cbs13.com/topstories/topstories_story_108101509.html

Mears, Bill. Justices uphold ban on abortion procedure. April 18, 2007. http://www.cnn.com/2007/LAW/04/18/scotus.abortion/index.html