The Supreme Court, in a 5-4 decision released
Wednesday, has reversed two lower court rulings and upheld a law passed by the
former Republican-controlled Congress that bans a specific method for late-term
abortions called “Partial Birth Abortion”.
According to experts this decision has political repercussions and delivered an
immediate political boost to pro life groups as well as bringing the issue to
the forefront for Democratic presidential hopefuls. "This isn't really an abortion issue," said
House Speaker Nancy Pelosi, D-San Francisco, as she walked the Capitol on
Friday. "That is what really saddens me about what the justices said.
"This is about a procedure that any parent would want her daughter to have
access to if she needed it. And to frame it as an abortion issue is
doing a disservice to medicine and to our young women and our country. So I
hope we can get the focus back on the fact that this Supreme Court is deciding
what medical procedures are necessary for childbearing women."
The court's decision let stand a federal ban on the
abortion procedure called "partial-birth". The procedure, known
medically as intact dilation and extraction, is generally performed in the
fifth or sixth month of pregnancy, often after a diagnosis of fetal
abnormality. Rather than the more common practice of dismembering the
fetus in the womb, the doctor partly removes the intact fetus from the uterus
before aborting it, usually by puncturing its skull. The 2003 Partial-Birth Abortion Ban Act, signed by
President Bush, outlawed the procedure, but the law was found unconstitutional
by the lower courts. Among the five Supreme Court justices who upheld
the law were Bush's two appointees -- Chief Justice John Roberts and Justice
Samuel Alito. Democrats, who now narrowly control both houses of Congress,
theoretically are in a position to try to pass a new law making the procedure
legal. Less than 24 hours of the court's decision, Sen. Barbara Boxer,
D-Calif., reintroduced her
Freedom of Choice Act, which would allow for a woman's health and welfare to be
factored into the decision to have a late-term abortion under the procedure
banned by the court. A similar bill was introduced in the House.
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