Ban on Partial Birth Abortion Procedure Upheld by High Court
In a week dominated by victories for federal regulation, the Court issued its 5-4 decision in Gonzales v. Carhart, upholding the federal ban on so-called "partial birth" abortions. The decision overrules the Eighth and Ninth Circuits, who had each ruled the Act's lack of an exception for the preservation of the woman's health rendered the Act unconstitutional. Justice Kennedy, writing for a majority predictably comprised of Scalia, Thomas, Roberts and Alito, stated the challengers "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases." The ruling rejects the "undue burden" test for facial challenges to abortion restriction statutes. However, Justice Kennedy stated the "Act is open to an as-applied challenge in a discrete case."
In her dissent, Justice Ginsberg called the ruling alarming as it "tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists."
How Appealing offers this selection of news reports regarding the decision.
SCOTUSBlog presents comments on the decision from assorted perspectives, including The Thomas More Society, and The Center for Reprouctive Rights.
