US Supreme Court to decide partial birth abortion ban  

redmustang91 57M  
8704 posts
2/21/2006 8:23 am

Last Read:
3/5/2006 9:27 pm

US Supreme Court to decide partial birth abortion ban

Alito and Roberts will get a chance to show if they believe in preserving precedent and the US constitutional privacy rights of women to abort. My guess is they will overturn the lower courts and hold the US Congress could ban partial birth abortions unless the life of the mother is at stake. So just the health of women is not enough...

Perhaps some women should wake up and see what voting for Bush and his ilk means to their reproductive rights...

The U.S. Supreme Court Tuesday said it will review whether a federal ban on late-term abortions is unconstitutional because it doesn't contain a women's health exemption.

The decision to hear the case was made after newly approved Justice Samuel Alito joined the high court. The justices had put off a decision on whether to grant the appeal in the final months of retired Justice Sandra Day O'Connor, raising the specter the court was waiting for Alito's confirmation before acting on the appeal.
Abortion was a central issue in Alito's confirmation debate and a factor that narrowed his support to 58 votes in the 100-member Senate.

Liberal activists have argued Supreme Court personnel changes could alter the number of votes in favor of the controversial Roe v. Wade abortion rights decision, and the partial birth abortion case will be a first test of those arguments.
The high court, with retired Justice O'Connor as the driving catalyst, has ruled abortion restrictions must have an exemption for when the health of a mother is threatened. In 2000, the court invalidated a Nebraska late-term abortion ban due to the lack of a health exemption.
The ban on late-term abortion - also known as partial-birth abortion - was passed by Congress in 2003. It contains an exemption if the life of the mother is at stake, but not the health of the mother. The case before the court began when four doctors who perform late-term abortions challenged the legality of the federal law before it took effect.

A U.S. District Court ruled the law violated the U.S. Constitution and issued a permanent injunction against it. The 8th U.S. Circuit Court of Appeals in St. Louis affirmed that decision.

U.S. Solicitor General Paul Clement urged the Supreme Court to overturn the ruling against the law, arguing Congress deserved deference on how it wrote the late-term abortion ban.
"The court of appeals erroneously rejected the government's argument that Congress's findings concerning the medical necessity of partial-birth abortion were entitled to substantial deference," Clement said in the government's appeal.

The case is U.S. v. Carhart, 05-380. Arguments will be in the fall of 2006.

LilSquirt_4mfm 67M/67F
3394 posts
2/21/2006 9:16 am

of course it likely will approve partial ....what does that have to do with regular abortion? ... o'connor only sent it back for clarification ... {b]she did NOT vote to kill the bill.!!! ... she lkely would have supported bill once wording was clarified to her satisfaction ... so, it is not a test of the court pe se. it is not much of a statement abt humans if THAT particular item was approved anyhow ..... jeeeez we have becum a cruel and selfish society that we would even consider it

crazygurl2xx 56F

2/21/2006 9:33 am

I didn't vote for Bush, I support the reproductive rights of women, however I DO OBJECT to partial birth abortions....STRONGLY!!!!

IN MOST CASES this is an example of stupidity run amok, for a woman to let a pregnancy go to the point that killing a viable fetus is necessary. I have personally known women who have elected to have this procedure and in NOT ONE CASE was health or loss of life an issue so i am not even arguing that point here.

shades of grey...who fucking cares what the government says about it? it's disgusting. women have to take responsibility for their own stupidity if they can't figure out how to terminate a pregnancy before the fetus is "viable" and able to live outside the womb even if it is on life support. it's simply inhumane.

(thank you for listening)

redmustang91 57M  
8572 posts
2/21/2006 9:52 am

Well doctors make the decision to do partial birth abortiion. If the fetus is viable and the mother's life or health is not in danger, then just deliver the fetus and put it up for adoption! I realize adoption is not optimal for everyone but that is the best choice in my view. Still I can imagine instances where a partial birth abortion might be indicated.

crazygurl2xx 56F

2/21/2006 10:52 am

it's an ugly subject. there should be a dozen other alternatives given the technology we have today.

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