Justices to Revisit Late-Term Abortion Ban

AP ^ | 2/22/06 | Gina Holland

[pissant]

WASHINGTON (AP) -- The Supreme Court said Tuesday it would consider reinstating a federal ban on what opponents call partial-birth abortion, pulling the contentious issue back to the high court on conservative Justice Samuel Alito's first day.

Alito could well be the tie-breaking vote when the court decides if doctors can be jailed for performing the abortion procedure.

It is the first time the court has considered a federal restriction on abortion, and conservatives said they expect the membership change to affect the outcome.

"This is the frontline abortion case in the country," said Jay Sekulow, chief counsel for the conservative American Center for Law and Justice, who represents members of Congress in the case.

Justices split 5-4 in 2000 in striking down a state law barring the same procedure because it lacked an exception to protect the health of the mother. Justice Sandra Day O'Connor, who was the tie-breaking vote, retired late last month and was replaced by Alito.

[pissant]

"Today's action means the core principle of protecting women's health as guaranteed by Roe v. Wade is in clear and present danger," said Nancy Keenan, president of NARAL Pro-Choice America.

Let's pray that she is correct.

[el_texicano]

Dang, how many 'first days' does Alito have??? I have heard several times he had his first day on the court already.

[Psalm 73]

"PRAY UNCEASINGLY" (I Thessalonians 5:17).
Please, Lord, grant us Pro-Life victories, as we give all of the Glory and Honour to You, our Precious Saviour. Amen.

[pissant]

He arrived just in time to replace that icon of worthlessness, Sandra Day Oconnor.

[Zack Nguyen]

It was struck down by judges in California, Nebraska and New York because it had no exception to protect the women's health.

Somehow I doubt that this is truly the case. Are we to believe that a law would be put in place that would require a doctor to throw up his hands and say, "Geez, lady, I'd like to save your life but the law says I can't. Blame the pro-lifers. I guess you'll just have to die." Give me a break.

There is more than one way to perform a second and third trimester abortion. The pro-choicers know this. I strongly suspect that the PBA bans didn't include a "health of the mother" clause large enough to negate the whole purpose of the bill, thus the pro-choicers run around screaming "health of the mother!"

[pissant]

Allowing the ban on partial birth abortions would be a good first step for Alito and Co.

[pissant]

Astute observation. You are correct. And the health of the mother, we know damn well, includes the "mental anguish" of having to give birth, in the minds of the Pro-murder crowd.

[Talking_Mouse]

Please Lord, an end to late term abortions in the Untied States.

[pissant]

Was United written as "Untied" on purpose?

[coconutt2000]

She's wrong.

There is not a single late term abortion that has been performed that did not pose as great or greater a risk to the woman's health than bringing the baby to term, or inducing a premature live birth.

In no case was the death of the child in a late term abortion required for the health of the mother. Ever.

[RangerM]

I admit my ignorance on the points of the matter, but is "mental anguish" the reason for claiming the lack of a "health of the mother" provision?

Is there a "FactCheck.org" equivalent that discusses this?

[nina0113]

In no case was the death of the child in a late term abortion required for the health of the mother. Ever.

It's never required for her life, either. An emergency c-section takes a few minutes. A partial-birth abortion takes two days. That's not an emergency procedure.

[brothers4thID]

In fact you are correct and the MSM are practicing the time honored tradition of "sin of omission". There IS an exception for saving the life of the mother. However the "health" of the mother wording was left out precisely because health can be defined as anything from mental distress to back pain. During Senate floor debate, Sen Frist challenged the Dem's to produce one case of a doctor who performed this abortion as absolutely necessary to preserve the "health" of the mother. I don't recall a single witness being cited.

[Talking_Mouse]

No the Mouse is dyslexic this morning, something to do with lack of sleep. I meant no disrespect to my nation.

[rollo tomasi]

This ban has an actual chance. If Alito and Roberts rule like the way people on here say they would probably rule that leaves Kennedy.

Kennedy is 50/50.

[pissant]

The pro-abortionists mean MENTAL HEALTH of the mother.

[pissant]

No, that was me talking. But I guarantee that the pro-abortionists deem it as pertinent.

[pissant]

Phwew!

[pissant]

I pray that we get at least one more "retirement" from the bench before GWB leaves office.

[rollo tomasi]

I read some link to a blog on here the other day that talked about Stevens stepping down in July. Went on about how he was comfortable with Roberts and Alito not being "right wing extremist" and just call it quits after the current Judicial session.