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Did you know partial-birth abortion ban was upheld by the SCOTUS?

In 2003, President George W. Bush signed the Partial Birth Abortion Ban Act. On June 1, 2004, District Court judge Phyllis Hamilton declared the act unconstitutional, saying it infringed on a woman's right to choose. At present, the ruling applies only to the nation's 900 or so Planned Parenthood clinics and their doctors, who perform about half of the 1.3 million abortions done each year in the United States. The U.S. Supreme Court heard oral arguments on two cases challenging the lower court rulings on the Partial Birth Abortion Ban of 2003: Gonzales v. Carhart and Gonzales v. Planned Parenthood Federation of America. Both cases were argued in autumn 2006 and a decision by the Court was delivered on April 18, 2007. The 5-4 ruling consolidated both cases under Gonzales v. Carhart and upheld the 2003 law—the first ever to ban a specific abortion procedure. Roe v. Wade was not overturned by this decision.

3 Answers

  • 1 decade ago
    Favorite Answer

    Yes, and as a pro-choicer I am fine with finding some middle ground on policy such as cheap, affordable access to birth control of all kinds, comprehensive sex education, and a policy restricting abortion to something like 24 weeks (similiar to the French) except for rare cases such as life of mother.

    But if this were to actually happen the right would lose a platform.

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  • 1 decade ago

    PBA is something that was developed by the Pro-lifers....doctors will never call the procedure that. Either way, PBA will have to happen in the later trimesters. Roe v. Wade said that a state has an interest beginning at viability and there was lack of due process in not being able to obtain any abortions.

    The argument in Gonzales was wether Congress had the authority to enact the PBA ban. SCOTUS said it did, but left the door open for "as applied" cases...i.e. a woman is denied a PBA even though it's best for her health, so it can still be overturned.

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  • Anonymous
    1 decade ago

    Yes, I did. I read the news.

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