April 18, 2007
SCOTUS Upholds Late-Term Abortion Ban
The absence of retired Justice Sandra Day O'Connor was felt in a very real way today, when the U.S. Supreme Court narrowly upheld a federal law banning so-called partial birth abortions.
The 5-4 decision [PDF], written by swing voter Anthony Kennedy, held that the 2003 Partial Birth Abortion Ban Act did not violate a woman's right to an abortion. The act prohibits doctors from performing a dilation and extraction procedure, also known as D&E, which is a common method of aborting more developed fetuses. Opponents say it is a gruesome procedure in which fetuses that might otherwise live are killed and then pulled from the uterus.
But pro-choice activists and some doctors say that the D&E is only rarely used, usually in extraordinary circumstances. The act makes exceptions for when the mother's life is in immediate danger, but not if she only risks damage to her health.
The health and life exceptions, as they are colloquially known, were crafted by O'Connor in 1992's Planned Parenthood of Southeastern Pa. v. Casey. In that split decision, O'Connor held that any abortion prohibitions that ignore risks to a woman's life or health present an undue burden on her right to terminate a pregnancy. Most lower courts, including the six federal courts that were overruled today, have adhered to that standard.
Today's decision is also a rare -- these days -- political victory for President Bush, whose conservative base has grumbled that he has not delivered on their pet issues, such as abortion and gay marriage. The ruling marks the first time the Supreme Court has backed a prohibition on abortion.
Bush's statement on the ruling is here. The 2008 presidential candidates e-mailed reaction almost immediately after the decision was announced; the New York Times compiled their statements.
Justice Samuel Alito, O'Connor's successor, joined Kennedy in the majority, along with Chief Justice John Roberts and vocal Roe v. Wade opponents Antonin Scalia and Clarence Thomas. The court's moderate-to-liberal bloc, comprising Ruth Bader Ginsburg, David Souter, John Paul Stevens and Stephen Breyer, dissented.
Legal blogs Volokh Conspiracy and ScotusBlog analyze the decision. Legal Times' blog, BLT, promises analysis later today from veteran SCOTUS reporter Tony Mauro.
Posted at 12:33 PM
Posted to:
Abortion, Constitution, Supreme Court
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