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Supreme Court Strikes Down Partial Birth Abortion Ban

FOR IMMEDIATE RELEASE  June 29, 2000

As expected, the United Supreme Court yesterday took away what was left of any supposed rights of unborn children no matter how late in pregnancy by striking down the Nebraska Law Banning Partial Birth Abortion.  Partial birth abortion is so heinous that Justice Scalia says this procedure is “so horrible that even the most clinical description of it evokes a shudder of revulsion.”

The striking of this law means the court has chosen to defy the vast 68 percent of the majority of those who support the ban, the 32 states whose duly elected legislators passed this ban, and it most likely pre-empts the ban supported and passed by a veto proof majority in the US House of Representatives and 65 Senators in the Senate. 

Justice O Connor has left the door open that perhaps more precise definition and a health of the mother exception could allow such a law to pass a constitutional test.  We believe this to be a ruse because such an exception would be so broad as to make the ban meaningless.  “Health of the mother” as defined by the Court in Doe v Bolton is so broad as to encompass a woman’s psychology, depression, social and financial probabilities that anything can be used to justify an abortion under the “health of the mother” exception.

The Court has affirmed what Nevada LIFE and right to life advocates have contended since 1973.  Roe v Wade makes abortion entirely legal throughout pregnancy at any time and for any reason.  If the court can strike a law making it a crime to partially deliver vaginally a living unborn child and killing an unborn child before completing delivery because it imposes a so called “undue burden” on women, then there is no circumstance under which a restriction to abortion would not be an undue burden.  Roe v Wade and Casey v Planned Parenthood equal partial birth abortion.  Children have no rights at any point in the womb.

Nevada LIFE believes this decision accelerates the descent into the barbarism that began with Roe. 

Nevada LIFE is not only stunned, but outraged at the moral bankruptcy of the majority members of the court for its reasoning.  The court reasons in part that banning this procedure threatens the more common second trimester abortion technique, the d & e technique.  In questioning during the case a Justice implied that the barbarity of partial birth abortion could not be used because that would jeopardize the d & e technique which is equally gruesome.  That technique involves pull, tearing and cutting the unborn child into pieces in the womb while the child is still alive.  Court testimony says the child is still alive at this time even when a limb or two are pulled off.  .  If the majority of the court had an ounce of humanity, goodness, or any moral sensibility, they would have been outraged and responded by striking both of these barbaric techniques.  It is morally bankrupt to use the inhumanity of one technique to support another inhumane means of producing death. 

The proper role of a just government is to protect the weak and the powerful from the strong.  Once again, by turning its back on the unborn child, The Court has failed to live up to the main principles of our republic, which are to assert, protect and, defend the right to life and the principle of justice for all to all people, just as it has in Dred Scott and Korematsu before it.  We hope that all Americans will keep up the good fight and not be discouraged by this travesty of justice.

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