Supreme
Court Countdown: Partial-Birth Abortion
In Gonzales v. Carhart (2007) the Court upheld
the federal ban on partial-birth abortion.
In the days leading up to the oral arguments
on November 8, 2006, this campaign offered
information on why it was important for the
Court to get it right
this time.
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| #13 |
Chief
Judge John M. Walker, Jr., Second Circuit Court of
Appeals, on the Supreme Court's Stenberg v. Carhart partial-birth
abortion ruling in 2000:
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"Under
the Court's logic, other available procedures
might be deemed safe - even safer than natural
childbirth - but if there
is a marginally safer alternative in the opinion of some credible
professionals, the state must make it available, no matter
how morally repugnant society deems that method. This fundamental
flaw - holding that the denial of a marginal health benefit constitutes
the imposition of a significant health risk - permeates
the Stenberg decision ..."
- National
Abortion Fed'n v. Gonzales, 437 F.3d 278, 291
(2d Cir. 2006), concurring opinion
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| #12 |
Judge
J. Harvie Wilkinson III, Fourth Circuit Court
of Appeals:
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"Whatever
one's views on the various issues surrounding
abortion, ending the life of an infant at the
moment of its birth is a uniquely disturbing
act. ... I am at a loss to explain how a partially
born child can be excluded from the American
embrace. ... Whether a health exception to
a partial birth abortion ban is a necessity
or a loophole -- and the proper scope of such
exceptions -- strike me as altogether fair
and debatable questions, but again, I believe
the political process deserves some leeway
in arriving at the answers."
- Richmond
Medical Center for Women v. Hicks, 422 F.3d 160,
161-2 (4th Cir. 2005) (concurring in the denial of
rehearing en banc)
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| #11 |
Democratic
Senator Daniel Patrick Moynihan (D-NY), who generally
supported legal abortion: |
"I
think this is just too close to infanticide.
A child has been born and it has exited the uterus,
and what on Earth is this procedure?"
- Quoted
in Congressional Record, Sept. 26, 1996, at
S11373
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| #10 |
By
large majorities, Americans and their elected
representatives support a ban on partial-birth abortion. |
"As
noted by a federal appellate court: "In
the eight years before the Court's decision
in Stenberg, at least thirty states
passed laws banning partial-birth abortions." And
in the year when Congress passed the federal
partial-birth abortion ban, Gallup noted that "70%
of U.S. adults are in favor of the ban and
only 25%
are opposed.
- Carhart
v. Gonzales, 413 F.3d 791, 793 (8th Cir. 2005);
L. Saad, "Gallup Poll Analyses: Abortion Views
Hold Steady Over Past Year," June 2, 2003
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#9
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Harvard law professor Mary Ann Glendon writes: |
"When
I have explained the extreme permissiveness
of American abortion law to people, one of
the most common reactions is: 'That can't be
right.' I've found that most people -- including
many law professors -- have a great deal of
difficulty wrapping their minds around the
idea that the Court would permit the intentional
destruction of a healthy infant who was capable
of living outside his or her mother's body,
when the mother's health (in the ordinary meaning
of that word) is not in serious danger."
- "The
Women of Roe v. Wade," First Things,
June/July 2003, 19-23 at 20
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