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Court Upholds Constitutionality of Partial Birth Abortion Ban

Bans Brutal Procedure Killing Unborn During The Process Of Delivery

First Ban On Abortions Since Roe.  Supported By 70 Percent of Americans.



The Following Statement Can Be Attributed To Nevada LIFE President Don Nelson:

The Supreme Court today rejected a legal challenge and affirmed the constitutionality of the federal Partial-Birth Abortion Ban Act.  The decision allows the law to go into effect for the first time since it was signed by President Bush in 2003-and after 8 years of hearings which found that Partial Birth Abortion is never necessary to save the life of the mother and, after 2 vetoes by President Bill Clinton.

Partial birth abortion is a gruesome procedure which shocks our sensibilities and numbs our senses.  The unborn child is killed inches from birth during the process of delivery by poking a hole in the head of the unborn child and removing (suctioning out) the unborn’s brains. 

Writing for a 5-4 majority, Justice Anthony Kennedy wrote, "The Act proscribes a method of abortion in which a fetus is killed just inches before completion of the birth process.. Congress determined that the abortion methods it proscribed had a 'disturbing similarity to the killing of a newborn infant.'"  The majority ruled that a general ban on the method is permissible and does not violate the general "abortion right" enunciated in past decisions such as Roe v. Wade (1973) and Casey v. Planned Parenthood (1992).

The act is supported by 70 percent of Americans, many who support the choice to abort, but reject this barbaric and inhumane procedure which to them borders on infanticide.  While it is unclear whether or not this means the eventual dismantling of Roe, it is the first step in the process of bringing abortion policy in line with public views and a step away from the radical doctrine of the Supreme Court embodied in Roe, Casey and Carhart.  That doctrine, supported by abortion advocates, says there are no protections for any unborn child, not even from abortions which kill the unborn inches from birth.  

Today the court is upholding a decision which draws a bright line between abortion and infanticide.  Abortion advocates of this gruesome procedure shows how radical and at odds their abortion policy is with the American people who are revulsed by Partial Birth Abortion.

Please see Media Advisory On Recycled Partial Birth Abortion Myths April 18, 2004 http://www.nevadalife.org/pressroom/pr040418.html for answers to Partial Birth Abortion Myths  



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