Posted on 04/18/2007 7:14:49 AM PDT by Spiff
Edited on 04/18/2007 8:48:59 AM PDT by Lead Moderator. [history]
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.
(Excerpt) Read more at foxnews.com ...
http://www.freerepublic.com/focus/f-news/1819286/posts?page=133#133
Well that's kind of racist, from the DU crowd. Fire the DU poster...
The federalism concerns were not directly at issue in this case, so it would have been inappropriate for the Court to issue the ruling you suggest. Furthermore, there is absolutely zero chance the current Court would strike down the ban based on those concerns, even if that question were directly presented to the Court.
I’ll give him some praise today.
Kennedy is standing at the edge of eternity and he took off his short vision spectacles. Perhaps he stared out in the distance and didn't’t like what he saw waiting for him on the other side.
Instead, I received a wonderful consolation!
God bless Justice Kennedy, and God have mercy on those who continue to approve of this ghastly crime of abortion.
If congress can use the commerce clause to ban a particular abortion procedure ( a ban which I presume overrides any state law ) then by this SCOTUS ruling, congress could ban ( or allow ) any procedure. This ruling seems to take at least some power out of the hands of the states.
Did anyone know they were ruling on this again?
I don't have any links, but my impression is that Kennedy was never really strongly pro-abortion. I have read that he is kind of wishy-washy and tended to be influenced by Sandra Day O'Connor.
I agree. This ban should have been struck down as an undue expansion of the commerce clause. Congress has no business legislating this issue. Stenberg should have been reversed and that would have allowed states to make their own decisions (hopefully with all 50 states banning it). As much as I want partial birth abortion to be banned, I am having a really hard time seeing how this was an issue for Congress to take up.
Uh, I didn’t make it out to be a broad expansion of Roe. Please learn to read.
The Court REJECTED the trimester framework of Roe in Casey. That is now DEAD, DEAD, DEAD. The Court instead used the undue burden standard. In many cases, that is considered to be a weaker standard than what once existed. For a better understanding, please read Casey, and then read Justice Kennedy’s dissent in Stenberg to see his understanding of the opinion he helped craft in Casey.
Basically partial birth abortion was legal yesterday, but is illegal today.
Bout time Bush did something to validate my reasoning for voting him in. Thanks W!!
Is this the beginning of the end for the Third Term Holocaust in America?
Props to Kennedy this time. Still, we could really use another conservative jurist on the SC in the next term.
Looks like Thomas would have struck it down if the commerce clause question came up. Here’s a quote from his concurrence:
“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”
God Bless George W. Bush. I knew and have always believed in him. The little ones who had no chance, once again, will have a fighting chance for life.
Wonderful Wonderful day!
You are correct. It will not stop abortions, it only means that the women who want one can’t be lazy. They will have to get off their fat asses and get in earlier instead of waiting until the last possible moment.
Wickard v. Filburn started the damage back in the 1940s. It’s been downhill ever since. The feds have been taking stuff away from the states for almost half a century now.
AMEN!
He may not want to, but he's pretty old -- and Ginsburg's health isn't the best. "Man proposes, God disposes," as they say.
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