Court backs ban on abortion procedure

Chicago Tribune
April 18, 2007

Court backs ban on abortion procedure
By Judy Peres
Tribune staff reporter

April 18, 2007, 1:13 PM CDT

The U.S. Supreme Court handed conservatives a long-sought victory today, upholding a nationwide ban on a medical procedure opponents call "partial-birth abortion."

The 5-4 ruling, written by Justice Anthony Kennedy, said the federal abortion ban signed into law by President Bush in 2003 does not violate women's constitutional right to terminate a pregnancy.

The law allows an exception for cases in which the woman's life is in danger, but does not allow doctors to use the procedure because they believe a different procedure might jeopardize a woman's health.

Abortion-rights advocates "have not demonstrated that the act would be unconstitutional in a large fraction of relevant cases," Kennedy wrote.

The majority opinion was joined by Bush's two Supreme Court appointees, Chief Justice John Roberts and Associate Justice Samuel Alito, as well as by Justices Antonin Scalia and Clarence Thomas. Scalia and Thomas had previously signaled their willingness to overturn Roe v. Wade, the 1973 decision that guaranteed women the right to decide whether or not to have an abortion.

Some anti-abortion strategists have advocated placing restrictions on the performance of abortions rather than trying to overturn Roe head on. Abortion-rights supporters said today's decision was an example of that strategy succeeding, and feminist groups were fearful of future changes in the law.

The National Right to Life Committee, which was instrumental in passing the Partial Birth Abortion Ban, applauded the court decision today, as did other anti-abortion groups.

"Finally, it is illegal in America to mostly deliver a premature infant before puncturing her skull and removing her brain, which is what a partial-birth abortion is," said Douglas Johnson, legislative director for the committee.

Eleanor Smeal, president of the Feminist Majority, said the two new appointees on the high court — now without the moderating influence of former Justice Sandra Day O'Connor — "did what they were put on the Court to do: strike a blow against women's fundamental right to choose abortion."

The Center for Reproductive Rights, which has litigated many anti-abortion cases, said today's decision paves the way for state and federal legislatures to enact additional bans on abortions as early as 12 weeks, including those that doctors say are safe and medically necessary.

"The Court has dramatically reduced the ability of doctors to provide services that, in their opinion, are the safest, best options to protect women's health," said Nancy Northup, president of the center. "Every American who cares about women's health, and doctors' ability to treat their patients appropriately, should be alarmed by this ruling."

In a dissenting opinion, Justice Ruth Bader Ginsburg said the majority ruling "deprives women of the right to make an autonomous choice, even at the expense of their safety."

She was joined by Justices Stephen Breyer, David Souter and John Paul Stevens.

But Kennedy, noting that the medical profession was not of one opinion on the necessity of the "partial birth" procedure," said, "The law need not give abortion doctors unfettered choice in the course of their medical practice."