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Supreme Court To Hear Partial Birth Abortion Case

Ban Would Be First Instance Of Ban On Any Abortions Since Roe.

Would Begin Process To Bring Abortion Policy In Line With Publicís Views.


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


The Supreme Court has agreed to review the constitutionality of the partial-birth abortion ban. The ban, which has overwhelming pubic and Congressional support, has never taken effect because of three ongoing court challenges. Partial-birth abortion aborts an unborn child during the second and third trimesters by partially delivering the unborn child alive, puncturing the skull and, suctioning the brains out to remove the unborn in one piece. 

In 2000 the Supreme Court ruled in Stenberg v. Carhart that state bans on partial-birth abortion are unconstitutional unless they include a health exception.  That exception is so broad that even emotional and familial issues are considered exceptions to the ban and make any ban meaningless.  The current federal ban before the Court does not include the broad health exception and has been ruled unconstitutional by the lower courts.  But Congress has found that partial birth abortion is never necessary.  The Court needs to defer, as it often does, to the findings of the Congress which has spent years examining experts on partial birth abortion.

Retired Justice Sandra Day OíConnor was the deciding vote in Stenberg v. Carhart and has been replaced by Justice Samuel Alito.  This will be the first abortion case on the Supreme Court that Justice Alito will hear.  A vote by Justice Alito and Chief Justice Roberts to uphold the ban would be the first ban on abortions since Roe and could be the beginning of bringing Americaís abortion policy into line with the publicís view.  Polls consistently show that more than 70 percent of Americans favor a partial birth abortion ban.  Polls also show that a consistent majority is willing to limit abortion to rape, incest and the life or the mother, or no abortions at all. 

The Court needs to repudiate this form of infanticide just as the Court has previously reversed ugly court decisions supporting segregation and internment of Japanese Americans in World War II. If the court does not uphold the ban, premature infants will continue to die by having their skulls punctured by seven-inch scissors.  

Pro-lifers have been winning elections for many years in state and federal executive and legislative branches.  Itís about time those victories began to show up at the Court.    







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