Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Gonzales v. Carhart decision- analysis?

This is about the recent Supreme Court ruling upholding the constitutionality of congress' so-called Partial Birth Abortion Ban Act. I have been thinking, despite all the fear that Roe v. Wade will eventually be overturned, that this decision is a victory for so-called pro-choice activists. Why? Because the decision was very narrowly crafted to the one procedure, implicitly supported the "undue burden" test as a constitutional/legal standard to determine the legality of an abortion procedure, and also, left the decision open to as-applied challenges, i.e., to the possibility of exceptions to the law in the specific cases where a mother's health is in danger. I also suspect that John Roberts, aware of the serious negative effect it would have on the Court's credibility, will not be so momentous as to vote to overturn Roe v. Wade. Alito seems to be careful and lawyerly in his opinions, suggesting that even he may uphold Roe v. Wade. Please, no pro-choice or pro-life tirades.

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