Supreme Court upholds partial-birth abortion ban

Supreme Court upholds partial-birth abortion ban

The US Supreme Court today has upheld a national ban on partial-birth abortion with a 5-4 decision.

The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman’s constitutional right to an abortion.

The opponents of the act “have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases,” Justice Anthony Kennedy wrote in the majority opinion.

Voting in the majority to uphold the law banning the murder of a child that is mostly outside his mother were Scalia, Thomas, Roberts, Alito, and Kennedy, who wrote the majority opinion. Six lower courts had ruled against this or similar state laws. In 2000, the Supreme Court had upheld those previous rulings, but now that Alito and Roberts are on the bench, the outcome was different. This is why we elected Bush, not once but twice.

Of course, the usual suspects are bemoaning the lack of respect for previous rulings, as if that ever stopped them when they were reading new meanings into the Constitution. Remind me where the right to privacy is written in the Constitution.

Is this the beginning of the end of legalized abortion or just a blip on the rocket-sled ride to the bottom? Only time will tell.

For now I will pray in gratitude for answered prayer. (How sad is it that it is a major victory to have what is clearly infanticide outlawed finally?)

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  • Yeah, I don’t recall the usual suspects too concerned with overturning precedent in the Lawrence case.

  • The five Catholic justices lined up on the correct side of this issue.

    As yet, no one seems to have noticed Justice Thomas’s negative reference in his concurrence to the Commerce Clause, which seems to invite the inference that, had someone raised an objection to the PBA statute on Commerce Clause grounds (that it exceeded Congress’s power under that clause, that is), he (and Justice Scalia, who concurred in this concurrence) would have perhaps ruled differently.

  • So, the Supreme Court was wrong and now we have hundreds of thousands of victims of a holocaust to be remembered.

    When will the flag be held at half mast and a memorial built to all those innocent victims of our nations attrocities and crimes against humanity?  Let us begin at once to remember all those who we viciously tortured and murdered with license and malice knowing they were innocent and sentencing them to death anyway.

  • “…(and Justice Scalia, who concurred in this concurrence) would have perhaps ruled differently.”

    Absolutely, positively no way; absolutely, positively no how.  In fact, I’d even venture to say the same about Thomas.

  • Two important articles are worth reading concerning today’s PBA decision. In the later article Arkes specifically discusses Thomas’s handling of the Commerce Clause & its potential.

    The Kennedy Court by Hadley Arkes
    First Things (January 2007).

    This Heartbreaking Court by Hadley Arkes
    First Things (October 2006)by Hadley Arkes

    Justice Ginsburg dissent also accuses the majority of having a “way of thinking” that “reflects ancient notions about women’s place in the family and under the Constitution—ideas that have long since been discredited.”

    She should have added: “by me & my friends at Yale.”

  • One can only wonder how soon the usual suspects will try to deligitimize this decision because the 5 majority were all Catholic.

  • Looking at a list of presidential hopeful’s reactions to this decision, I was disgusted by the Democratic outcries. As much as I’d like to stick around for the reform of the Democratic Party (ie, its return to sanity) I know now that there’s no other choice for me but to switch parties before the next election…except to leave the country, that is. But looking over the national borders, I’m discovering with alarm that there are “civilized” countries that are MORE militantly pro-death than our Democrats today. A lot has happened since I last opened my eyes!And here I thought I was just minding my own business…