Supreme Court Partial Birth Abortion Case - "I'm Convinced Kennedy will vote with Us"

LifeSiteNews ^ | 11/8/06 | John-Henry Westen

[wagglebee]

WASHINGTON, November 8, 2006 (LifeSiteNews.com) - Moments after the hearing of oral arguments in the partial-birth abortion case before the United States Supreme Court today, a pro-life lawyer involved in the case is predicting a "major victory". Jay Sekulow, Chief Counsel for the American Center for Law and Justice (ACLJ), said that he is convinced the ban on partial birth abortion will be ruled constitutional.

The ACLJ has filed amicus briefs in both cases before the Supreme Court - including one on behalf of some 80 members of Congress - including the sponsors of the federal ban on the gruesome procedure.

In 2000, the Supreme Court voted 5-4 to reject the state ban on partial-birth abortion by Nebraska. Now, the high court - with two new Justices - heard oral arguments in two cases challenging the federal ban on the Partial-Birth Abortion Ban Act of 2003. "Three of the Justices - Justices Kennedy, Scalia, Thomas - already have compared this procedure to infanticide when the court rejected Nebraska's state ban six years ago," said Sekulow.

Since that time Bush appointees to the Supreme Court John Roberts and Samuel Alito have joined the court. Alito replaced Sandra Day O'Connor who supported striking down the Nebraska law banning partial-birth abortion.

Justices Antonin Scalia, Clarence Thomas, Alito and Roberts are expected to vote in favour of the federal ban. While Kennedy has voted in favour of such a ban in the past, his vote is uncertain. However, after attending the hearings today, Sekulow said of Justice Kennedy, "Based on the questions that he asked and the answers that were given I am convinced that he will in fact stay with us and find the partial-birth abortion ban act constitutional."

Sekulow added: "The federal ban discussed today was the result of extensive Congressional hearings that produced a sound, constitutional solution to ending an abhorrent practice that is never medically necessary. The Solicitor General did an excellent job of presenting the government's case in support of the ban. We're hopeful that a majority of the Justices will conclude what most Americans already know: the federal ban on partial-birth abortion is a valid - indeed essential - barrier against infanticide."

Although the Justices voted this afternoon, a decision is not expected till June.

[wagglebee]

In 2000, the Supreme Court voted 5-4 to reject the state ban on partial-birth abortion by Nebraska. Now, the high court - with two new Justices - heard oral arguments in two cases challenging the federal ban on the Partial-Birth Abortion Ban Act of 2003. "Three of the Justices - Justices Kennedy, Scalia, Thomas - already have compared this procedure to infanticide when the court rejected Nebraska's state ban six years ago," said Sekulow.

Great news!

[wagglebee]

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[pogo101]

Kennedy was on the anti-abortion side in Stenberg v. Carhart (2000 case on the NE law), so, yeah, I'd be very surprised if (even) he were to "grow in office" so much in 6 years as to reverse his prior position.

[johnthebaptistmoore]

Actions always speak louder than words! Don't get ahead of yourself.

[lesser_satan]

Great news!

We need it. A lot of kool-aid drinking is going on here today.

[NinoFan]

This analysis here suggests just the opposite: http://www.freerepublic.com/focus/f-news/1735104/posts

[dynachrome]

"Kennedy vote in play" just before your post.

http://www.freerepublic.com/focus/f-news/1735104/posts

[Soul Seeker]

I'll believe when I see it.

If it happens, I'll cheer then.

[dynachrome]

Arrrggghhh. ya beat me to it!

[combat_boots]

This is a horrible thing to say, but if this is supported by the powers that be, the judgement on the US will be well deserved, and I personally hope plenty of liberal young women partake.

We have come to this in my lifetime. I don't know how health care people who claim to care so much can actually do this.

[bill1952]

Kennedy will strike down the ban. count on it.

[Mrs.Z]

Beware.

Kennedy is an intellectual pillow, whatever head he cradled last is the form he takes.

[ScaniaBoy]

Ironic that this should happen today, but great news nevertheless, if the Justices decide to overturn the federal ban on this disgusting procedure - which certainly can be compared to infanticide.

[PowerPro]

This entire debate absolutely sickens me. Knowing what abortion does to a baby...and that's just "regular abortion"...how it burns their skin and chops them into little pieces to be sucked out with a vacuum...

But this. So-called "partial" birth abortion. Here we have justices discussing exactly at what point out of a mother's womb is it murder.


What has happened to America's soul that this is even a question?

I'm almost in tears writing this.

[Old_Mil]

I don't know how health care people who claim to care so much can actually do this.

1. People don't go to medical school to become abortionists. Typically, as doctors, abortionists are the bottom of the barrel...I'd rather place myself under the care of a vet than one.

2. There are a % of people in medical school who are flaming liberals and will do anything for money...even kill babies.

[Tim Long]

I like Sekulow, but he seems far too optimistic about these sorts of things. If you'll remember, he was wholeheartedly behind Miers, as he seems to be for any Republican appointee. These free passes have left us with 33 years of legal murder.

[cpforlife.org]

No one knows how he will vote.

The only thing we can do is pray.

This happens THOUSANDS of times a year. It is a horrendously brutal act of violence. It is not only MURDER, but a crime against humanity.

Partial-Birth Abortion

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."

Abortionists Provide the Most Graphic Testimony at Abortion Ban Trial

WorldNetDaily: Abortion Doctors Reveal Partial-Birth Procedure

Partial Birth Abortion - COURT TRANSCRIPTS

(USCCB) Partial Birth Abortion Ban Act, Trial Info. & Transcripts: New York, Nebraska, California  Comprehensive coverage.

Federal Judges Disagree That Partial-Birth Abortion Records are Needed

Partial-Birth Abortion Trials Show Abortionists Detached From Reality

AP: Testimony: Fetus Feels Pain

Never put an innocent or honest person to death. I will not allow anyone guilty of this to go free. Exodus 23

[eleni121]

From the dismal darkness..comes some good news...and I believe the catastrophe will only unleash an enlightened GOP.

[Kaylee Frye]

I've said a little prayer that God prevail upon the hearts of these people and save the little babies. I hope others will do the same.