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Supreme Court Brief in Partial-Birth Abortion Ban Case Says Childbirth Safer
LifeNews ^ | 8/4/06 | Steven Ertelt

Posted on 08/04/2006 5:25:54 PM PDT by wagglebee

Washington, DC (LifeNews.com) -- A pro-life law firm has filed a brief with the Supreme Court in the case concerning the Congressional-approved ban on partial-birth abortions. The American Center for Law and Justice told the court to reject the argument made by abortion advocates that abortion is safer than childbirth.

After President Bush signed the partial-birth abortion ban, pro-abortion groups launched three lawsuits against it and federal appeals courts in Nebraska, New York and California declared the ban unconstitutional.

The ACLJ has already filed a brief in the Nebraska case and submitted papers in the California case on Thursday.

“Yet again we see the proponents of abortion making the false assertion that abortion is actually safer than childbirth,” said Jay Sekulow, the ACLJ's chief counsel.

“That assertion is not only inaccurate but in fact is the reverse of the truth, which is that abortion is more dangerous than childbirth. Our brief, with careful documentation, explodes the myth of abortion as safer than childbirth," Sekulow explained.

The legal papers are important because the Supreme Court rejected a state ban on partial-birth abortions in a 2000 case and said the ban needed a health exception in cases when a partial-birth abortion is necessary to protect the woman's health.

However, numerous doctors groups have said that the three-day long abortion procedure is never necessary to protect the health of the mother or in an emergency situation and specialists testified to that during the lower court trials.

The ACLJ brief explains that the comparison of maternal mortality and abortion mortality statistics is akin to mixing apples and oranges and cannot be compared one-to-one. Further, the brief asserts the comparison is invalid because the data itself is inaccurate and incomplete.

The brief also cites numerous published research studies – in this country and abroad – as evidence that “strongly indicates that abortion, rather than being safer than childbirth, is in fact more dangerous.”

“In sum, there is ample reason to believe that abortion is detrimental to maternal health and, if anything, more likely to lead to death or other adverse consequences than is continuing the pregnancy," the brief argues.

"This Court should take with a very large grain of salt any assertion that abortion is healthy for women, much less some sort of panacea. There is good reason to believe precisely the contrary," it said.

In the Nebraska case, the ACLJ filed an amicus brief with the high court representing some 80 members of Congress and more than 320,000 Americans asking the high court to uphold the ban.

The California case is Gonzales v. Planned Parenthood Federation of America and the high court will likely combine the cases into one. The Nebraska case is Gonzales v. Carhart.

The high court is expected to hold hearings this fall and announce a decision in early 2007.

Related web sites:
American Center for Law and Justice - http://www.aclj.org



TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: abortion; aclj; childbirth; lawsuit; moralabsolutes; partialbirthabortion; prolife; sekulow; supremecourt
The ACLJ brief explains that the comparison of maternal mortality and abortion mortality statistics is akin to mixing apples and oranges and cannot be compared one-to-one. Further, the brief asserts the comparison is invalid because the data itself is inaccurate and incomplete.

The brief also cites numerous published research studies – in this country and abroad – as evidence that “strongly indicates that abortion, rather than being safer than childbirth, is in fact more dangerous.”

The fact that the left even believes that infanticide is safer than childbirth is disgusting.

1 posted on 08/04/2006 5:25:55 PM PDT by wagglebee
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To: cgk; Coleus; cpforlife.org; Mr. Silverback

Pro-Life Ping


2 posted on 08/04/2006 5:26:23 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: Alexander Rubin; An American In Dairyland; Antoninus; Aquinasfan; BIRDS; BlackElk; BlessedBeGod; ...
Moral Absolutes Ping!

Freepmail wagglebee or little jeremiah to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search

[ Add keyword moral absolutes to flag FR articles to this ping list ]
3 posted on 08/04/2006 5:27:08 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: wagglebee

How is a partial birth abortion safer than birth? I mean, since the baby basically born, and it is usually done in the third trimester, what makes it "safer?" Induce labor early if medical needs justify it, just don't suck the poor child's brains out.


4 posted on 08/04/2006 6:18:15 PM PDT by mockingbyrd
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To: mockingbyrd
Image hosted by Photobucket.com safer hell... the baby has to be turned around and pulled out feet first, not head first like normal birth so it is MUCH harder on the mother, not to mention the pain the baby feels when it's bones are broken while being pulled out feet first only to be murdered minutes later.
5 posted on 08/04/2006 6:31:04 PM PDT by Chode (American Hedonist ©®)
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To: Chode

This horrible procedure needs to be shown.

With no rating or any prebriefing as to how graphic it is.

When that happens it will be popularly recognised as a very bad thing.

I mean just get a dvd of the procedure and a big ass TV and sit on the corner of a busy intersection and play it.

How would they stop you? Freedom of speach right? Ok then how about posters depicting it in full color at a rally.

I know the MSM would possibly cover the event but they would black out or pixelize the graphic images, something they wouldn't do to show how bad our military is losing(which it isn't)

I mean how much money would it cost to go guerilla with this, meaning advertising with signs and posters that people would see before they were taken down by the people that will rot in hell?

Or if someone made it into a movie(Iknow it is sick to think of it but the pics and words have to get out)

any ideas?


6 posted on 08/04/2006 7:22:00 PM PDT by BookaT (My cat's breath smells like cat food!)
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To: wagglebee
Childbirth safer than abortion? And we pay these guys how much to tell us the obvious?

what comes after childbirth, though, in the sinister minds of abortion zealots, may not be safer after all.

7 posted on 08/04/2006 7:50:43 PM PDT by the invisib1e hand (will you still be all gung ho about euthenasia when your kids want to do it to you?)
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To: BookaT
Image hosted by Photobucket.com it'd prolly get smashed in a newyork minute...
8 posted on 08/04/2006 8:03:08 PM PDT by Chode (American Hedonist ©®)
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To: wagglebee

There actually are people who don't understand just what partial birth abortion is. I explained it to a friend and she called me a liar. I told her to research it. She was shocked. People need to be educated. I believe there would be a lot of noise if the procedure was common knowlege.


9 posted on 08/04/2006 8:10:02 PM PDT by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: BookaT

Print up fliers of the procedure, with drawings in graphic detail, then spread them all over your city. But do it anonymously because the powers that be will have you jailed in a heartbeat for pornography endangering childrens' innocence. Murdering them in an instituionaized way is fine with our disgustingly liberalized society, but don't let them see what they missed if they make it to reading age.


10 posted on 08/04/2006 9:44:04 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN; Coleus; nickcarraway; narses; Mr. Silverback; Canticle_of_Deborah; ...
Under cross-examination, Dr. Anand said he believes a less-controversial abortion procedure, known as "dilation and evacuation" (D&E), would cause the same amount of pain to a child. An estimated 140,000 D&Es, the most common method of second-trimester abortion, take place in the United States annually. http://www.washingtontimes.com/functions/print.php?StoryID=20040406-111818-1409r


BELOW: Illustration of partial-birth abortion performed
at 24 weeks gestational age.

Letter from Anthony P. Levatino, M.D., J.D., former abortionist, explaining that the images shown above "accurately depict" the partial-birth abortion method, and that "the images are size-appropriate to a fetus of approximately 24 weeks gestation." -- March 4, 2003

The pro-abortion side attempts to lessen the horror of the reality of murdering children in the womb and the terrible pain that these babies endure while being aborted by claiming that late term abortions are rare. But that outright lie is exposed many times over, from around the world.

As reported by The Washington Times, on April 7, 2004, Dr. Anand also testified in federal district court in Lincoln, Nebraska in the suit there to stop the Partial Birth Abortion Ban Act of 2003. Dr. Anand testified that: "I believe the fetus is conscious," and that the pain during this procedure is "severe and excruciating" to 20-week-old pre-born children.

Below are excerpts from Fr. Frank Pavone’s August 15, 2005 newsletter:

In 1994, an article in the prestigious British medical journal, the Lancet, revealed hormonal stress reactions in the fetus. The article concluded with the recommendation that painkillers be used when surgery is done on the fetus. The authors wrote, "This applies not just to diagnostic and therapeutic procedures on the fetus, but possibly also to termination of pregnancy, especially by surgical techniques involving dismemberment."

In 1991, scientific advisors to the Federal Medical Council in Germany had made a similar recommendation.

In August 2001, Great Britain's Medical Research Council concluded that pain perception may be as early as 20 weeks; other studies place it as early as 10 weeks.

It should be noted that each year in the United States alone, over 18,000 abortions take place at 21 or more weeks of pregnancy.

The Unborn Child Pain Awareness Act has now been introduced in Congress, to inform women having abortions at 20 weeks or more that their baby may feel pain. The legislation deserves our support. It would require that the mother be given the option to provide painkillers to her baby. This is not to justify abortion, but will certainly make many think twice about it. http://www.priestsforlife.org/columns/columns2005/05-08-15unbornpain.htm

Pro-Life PING

Please FreepMail me if you want on or off my Pro-Life Ping List.

11 posted on 08/05/2006 11:53:16 AM PDT by cpforlife.org (A Catholic Respect Life Curriculum is available at KnightsForLife.org)
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To: wagglebee

**Supreme Court Brief in Partial-Birth Abortion Ban Case Says Childbirth Safer**

Ta-daa! BTTT!


12 posted on 08/05/2006 1:32:17 PM PDT by Salvation (†With God all things are possible.†)
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To: the invisib1e hand

The brief more than likely was not paid for at all - but was written by a Good Samaritan who is willing to give his or her talents to save our children of the future.


13 posted on 08/06/2006 4:20:04 AM PDT by hocndoc (http://www.lifeethics.org/www.lifeethics.org/index.html)
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To: cpforlife.org; ZULU; All
“Yet again we see the proponents of abortion making the false assertion that abortion is actually safer than childbirth,” said Jay Sekulow, the ACLJ's chief counsel.

“That assertion is not only inaccurate but in fact is the reverse of the truth, which is that abortion is more dangerous than childbirth. Our brief, with careful documentation, explodes the myth of abortion as safer than childbirth," Sekulow explained.

More truth! Hooray! God bless Jay Sekulow and all on the side of truth with victory! Pray to end abortion!

14 posted on 08/06/2006 4:57:44 AM PDT by .30Carbine
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To: BookaT

Fr. Frank Pavone's organization, Priests for Life, has a simple one-page diagram showing the steps of a partial-birth abortion. It's not gory or gruesome, but it is disturbing and realistic. It's really very similar to pictures that doctors will show for OTHER sorts of medical procedures.

I don't see how any one with a shred of human decency could see this picture and still proceed with plans for a late-term abortion, or think it should be legal.

Priests for Life will send this diagram to you, and allows reproduction (no pun intended) for distribution, because they believe also that if people just knew what was truly involved, they would oppose it. It could be handed out at rallies or maybe enlarged for a poster.

Here is the contact info:

Priests for Life
P. O. Box 141172
Staten Island, NY 10314
(718) 980-4400
Website: priestsforlife.org


15 posted on 08/06/2006 1:10:44 PM PDT by baa39 (Quid hoc ad aeternitatem?)
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To: baa39; All

http://www.priestsforlife.org/partialbirth.html

Describes it, diagrams it, gives research data, has Papal statement, and numerous links.


16 posted on 08/06/2006 1:16:35 PM PDT by baa39 (Quid hoc ad aeternitatem?)
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To: 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ...
Sorrowfully, the Ban on Partial Birth Abortion does NOT ban partial birth abortion. Read on:

In what can only be described as the mildest abortion restrictions that one could possibly put into words, Sec.1531 instructs the "butcher" to make sure and kill the child before "in the case of a head-first presentation, the entire fetal head is outside the body of the mother". Or "in the case of breech presentation", make sure the child is killed before "any part of the fetal trunk past the navel is outside the body of the mother". (Actual text of S.3 in quotes)

With toothless restrictions like that, it is highly unlikely that even a single life will be saved. The only thing this will do is to make sure all the children are killed before the "entire fetal head" or the "fetal trunk past the navel" is showing. We waited thirty years for this? Sadly to say, the barbaric PBA procedure is still in force because Congress allowed the procedure to be continued.

http://thomas.loc.gov/cgi-bin/query/D?c108:5:./temp/~c108hmbPJs::

`CHAPTER 74--PARTIAL-BIRTH ABORTIONS

`Sec.

`1531. Partial-birth abortions prohibited.

`Sec. 1531. Partial-birth abortions prohibited

`(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the enactment.

`(b) As used in this section--

`(1) the term `partial-birth abortion' means an abortion in which the person performing the abortion--

`(A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and

`(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; and
17 posted on 08/06/2006 2:00:35 PM PDT by Coleus (Roe v. Wade and Endangered Species Act both passed in 1973, Murder Babies/save trees, birds, algae)
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To: Coleus

The PBA ban does not ban abortion, not by a longshot, but it is the first step in dismantling Roe v. Wade and its "health of the mother" exception.


18 posted on 08/06/2006 3:38:00 PM PDT by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
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