FOX NEWS: SUPREME COURT UPHOLDS PARTIAL BIRTH ABORTION BAN

Fox News Channel ^ | 18 April 2007 | Fox News Channel

[Spiff]

WASHINGTON — The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench.

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.

[NonValueAdded]

Disagree .. the Commerce Clause, that oft abused carte blanche, has nothing to do with PBA. The Fifth Amendment is closer on point that "No person shall be ... deprived of life, liberty, or property, without due process of law ..." and that gives Congress the right to define what is that due process or at least set limits. In this law, banning the murder that is PBA, Congress has determined that there is an exceedingly narrow process to justify denying an unborn child its God-given right to life. Murder is not a commerce issue. Period.

[redgolum]

Great news!

Will it be enforced?

[Responsibility2nd]

Wonderful news indeed.

Any comments from RINO Rudy yet?

Bet he’s disappointed.

[Military family member]

From the SCOTUS Blog:

The Court said that it was upholding the law as written -- that is, its facial language. It said that the lawsuits challenging the law should not have been allowed in court "in the first instance." The proper way to make a challenge, if an abortion ban is claimed to harm a woman's right to abortion, is through as as-applied claim, Kennedy wrote. His opinion said that courts could consider such claims "in discrete and well-defined instances" where "a condition has or is likely to occur in which the procedure prohibited by the Act must be used."

[maryz]

but great sadness overall.

I heard on the radio that Ginsburg, who wrote the dissent, called the decision "alarming." Does she post over at DU? ;-)

[Christian4Bush]

Good news. Bump for later analysis.

And in a reversal of all the 2006 talk, props to those who got out and voted in 2004 to keep John Kerry away from the decision to appoint these SCOTUS judges.

[Mr. Lucky]

The 1st Infantry Division had a saying in the Second World War: “a step toward Rome is a step toward home”. This decision is a step.

[writeblock]

“So much for the claim by some Rudy boosters that the President can’t impact abortion.”

He can, but ONLY if he has a Republican Congress. No way Bush could have got his nominees through a Democratic Senate. And unless a Republican candidate can win blue or purple states—which Rudy alone can do—there won’t be a Republican Senate. So think about it. Rudy has the potential to win big—and kick Reid and Pelosi off their thrones. No one else has this potential. And by the way, he has promised to nominate justices in the mold of Roberts and Alito, if elected. I believe him. And so does Ted Olson who supports him and who ought to know.

[NinoFan]

"The 1st Infantry Division had a saying in the Second World War: “a step toward Rome is a step toward home”. This decision is a step." Bingo.

[avacado]

"Some pls do a DU check and kindly report in on the meltdown...."

Here are some of the comments from DUmmyLand.

- "Nope, not good at all.And remember,t here is no such thing as a Partial Birth Abortion!"

- "I think it's just the beginning..."

- "You are exactly right. It is why the choice crowd fought this bill so hard. It is not a very far step to consider all abortions a "partial birth" abortion."

- "This is what you get with the likes of a John Roberts & Sam "Hirohito" Alitio on the court...Two more far right crackpots, who will always side with the far right on any social issue...The Supreme Court is one justice away from being the furthest right court in history, & that is a scary thought..."

- "So will women now have to die when there is a deceased fetus in their wombs? Since there is no such medical procedure as a partial birth abortion, and only Intact dilation and extraction which is often used to remove a dead fetus from the womb, how's that going to happen? Guess the conservative packing of the Supreme Court is working."

- "It's ok with them if women die, just not fetuses. I hate these people."

- "Very bad news. We need to double our work for reproductive rights."

- "American women have no one to blame but themselves for this loss. Many voted for Chimpy and should have realized that he only cares about women if they know their place and are "vessels" for men."

- "I wish I could say I was surprised but I'm not. This was always why 2000 was so important. This is how one man can do so much damage not just in the present, but for many decades to come. Perhaps forever. His cronies delivered for him, didn't they? Did anyone doubt they would?"

- "Here we go: the theocracy express has left the station."

[maryz]

30+ years of “judgements” like this. Thanks to all who helped elect smirk in 2000.

Oh, you're more than welcome! Any time! :-)

[redgolum]

Praise be to God.

At small step.

[mimaw]

I don’t think we have four years to wait . Given the age of stevens and health of Ginsburg one of them could leave at any time. I’ll take my chances with even a lukewarm republican to get it right than with anything a dem would come up with.

[wagglebee]

Nope. The Rudy Rooters on here seem pretty quiet too.

[sappy]

Wow. Kennedy didn’t bow to the culture of death. He’s in trouble w/them now.

[Artemis Webb]

I am stunned that SCOTUS would finally show any backbone.

I am such a total cynic from their previous long record of cowardice that I refuse to believe this is anything more than an aberration. Still I’m happy for the result.

[jrooney]

To ALL GW Bashers - How do you feel now? This only happened because of GW! Thank God for this great man and great president. We are lucky to have him. For those of you that have abandoned him, bash him on FR and stab him in the back, shame on you! GW, a great president that deserves more respect from conservatives and republicans.

[sola_fide]

Thanks again. I also just saw this from Justice Thomas’s concurrence via NRO: “I also note that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it.” Which is pretty much what you said before: the federalism issue was not in “play” here.

[airborne]

That needs to be repeated!

Clinton vetoed the ban (which Rudy supported) and Bush signed it.

[Clemenza]

More so than Mayor Linguine D-ck, but less so than Ronaldus Magnus.