High Court Upholds Ban On Some Abortions
Supreme Court Narrowly Upholds Law Banning Controversial Abortion Procedure
-
Play CBS Video Video Major Abortion Ruling The Supreme Court, in a 5-4 decision, said that The Partial Birth Abortion Plan Act that Congress passed in 2003 does not violate a woman's right to an abortion. Wyatt Andrews reports.
-
Video White House On Abortion Ruling CBS News RAW: White House Press Secretary Dana Perino read a statement from President Bush saying he supports the Supreme Court decision to uphold a ban on a controversial abortion procedure.
-
Video Abortion Ban CBS News Legal Analyst Andrew Cohen offers his expertise on the Supreme Court decision to ban what it refers to as partial birth abortions.
-
(CBS/AP)
-
Interactive Abortion Debate It's one of the most hotly debated political and social issues in America. Review a history of that debate since the historic Roe v. Wade decision.
-
Interactive The Supreme Court History, traditions and key cases, plus what it takes to get on the bench.
Six federal courts have said the law that was in focus Wednesday is an impermissible restriction on a woman's constitutional right to an abortion.
The law bans a method of ending a pregnancy, rather than limiting when an abortion can be performed.
In a stinging dissent, Justice Ruth Bader Ginsburg called the ruling "alarming" and "irrational" and blasted the all-male majority decision for not respecting women's choices.
"This way of thinking reflects ancient notions about women's place in the family" she wrote.
Ginsburg said the ruling "refuses to take ... seriously" previous Supreme Court decisions on abortion, and that the latest decision "tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists."
She was joined by Justices Stephen Breyer, David Souter and John Paul Stevens.
The procedure at issue involves partially removing the fetus intact from a woman's uterus, then crushing or cutting its skull to complete the abortion.
Abortion opponents say the law will not reduce the number of abortions performed because an alternate method — dismembering the fetus in the uterus — is available and, indeed, much more common.
In 2000, the court with key differences in its membership struck down a state ban on partial-birth abortions. Writing for a 5-4 majority, Justice Breyer said the law imposed an undue burden on a woman's right to make an abortion decision.
The Republican-controlled Congress responded in 2003 by passing a federal law that asserted the procedure is gruesome, inhumane and never medically necessary to preserve a woman's health. That statement was designed to overcome the health exception to restrictions the court has demanded in abortion cases.
But federal judges in the states of California, Nebraska and New York said the law was unconstitutional, and three appellate courts agreed. The Supreme Court accepted appeals from California and Nebraska.
Kennedy's dissent in 2000 was so strong that few court watchers expected him to take a different view of the current case.
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
- Since the court has started making clinical decisions for physicians, I wonder how long it will be before doctors must consult a lawyer prior to doing any procedure.
- Reply to this comment
- It is the woman that should be able to decide what happens to her life and body.Government wants to decide then they should pay to raise these babies.Alot of woman would keep them if they had the resorces to do so.But then tax payers complain about money spent on these kids and their mothers.Until the baby takes it's first breath ,it should be the mother to decide their fate.Freedom to choose should be the womans right.It is her body and her life.Freedom in America is dyeing.
- Reply to this comment
- For over 30 years the Supreme Court has declared the issue of abortion off-limits to state and federal legislators. Whereas legislators can pass thousands of laws that pertain to guns, cigarettes, and alcohol, they have not been allowed to tamper with abortion. Abortion is no longer the holy grail. Perhaps we will begin to see some balance now. If legislators can make laws that affect our daily lives, why must abortion be off-limits?
- Reply to this comment
- Well, one thing I do know. Republicans have an interest in "babies" just so long as they are wrapped in someone elses womb. When they are born, then they are on their own.
Posted by kansas1946 at 11:56 PM : Apr 19, 2007
Well that's not completely true. Some of them sure seem to have warm feelings for the young boys too. - Reply to this comment
- Well, one thing I do know. Republicans have an interest in "babies" just so long as they are wrapped in someone elses womb. When they are born, then they are on their own. Do you know the Republicans actually passed a bill that no teenager under the age of eighteen that go pregnant could qualify for aid. Do you know that foster care programs are underfunded, understaffed, and children are in grave risk if funneled into that system. The Republicans have voted again and again to cut funding for programs that benefit children. So little baby, don't count on the Republicans to care for you when you enter the world.
- Reply to this comment
- I'm voting for Hillary. Then woooooeeeee ohhhh boy.. bakata.
- Reply to this comment
- Finally justice for babies.
- Reply to this comment
- This day is a day of celebrating a great VICTORY for the unborn child! Now we should focus on overturning Roe V Wade and stop this bloody murder that takes place.
Thank You President Bush and the SUPREME court!! - Reply to this comment
- A woman having the "right to choose" does NOT mean she personally would choose abortion versus delivering a child. But neither would she take away another woman's right to choose. That is the basic difference between pro-choice and pro-life groups. It's a personal, personal decision.
- Reply to this comment
- "forcing of women to keep their unwanted babies"
Posted by r_bayless at 01:46 PM : Apr 19, 2007
Then do not commit to the conjugal act that creates life as God intended.
A little self-discipline is all God asks from us. Which is a far cry less than He asked His Only Son.
God Be With You. - Reply to this comment
- Keep your religion off my right to choose.
Posted by oleander8 at 12:20 PM : Apr 19, 2007
Your 'Right to Choose' what?
Please support, scientifically and morally, your position.
God Bless - Reply to this comment
- I don't care what words you try to hide behind it is still killing another human being. Go and research how partial birth abortions are performed. It is disgusting and it is murder. Go and look at the pictures of the development of a fetus. You can't hide the pictures and you can't hide the facts.
Posted by theUSA1st at 12:37 PM : Apr 19, 2007
God Bless You - Reply to this comment
- Keep your religion off my right to choose.
Posted by oleander8 at 12:20 PM : Apr 19, 2007
In the Balkins they called it "Ethnic Cleansing".
The abortion proponents call it "a right to choose".
I don't care what words you try to hide behind it is still killing another human being. Go and research how partial birth abortions are performed. It is disgusting and it is murder. Go and look at the pictures of the development of a fetus. You can't hide the pictures and you can't hide the facts. - Reply to this comment
- swwils you are so right, a woman does have the righ to not have a baby if she chooses..well then DONT GET PREGNANT.. simple...
It is shear selfishness for a woman to run around having *** without any protection and then when she gets pregnant she decides that the child can just be cut out of her body... some of these babies just refuse to die, they lay there whimpering like kittens.. yep just get rid of it swwils, dont have it adopted out to a loving family who desperately wants a precious baby to love, just have the drs insert a needle and force saline into the womb to burn the baby till it dies in terrible pain...who throws its tiny helpless arms and legs around in so much pain until it slowly dies... ,, yep girl that is the way to go...
I think you need to look up pictures of aborted babies to see what these animals do to your baby when they killed it, and they happily do it all for your money... but of course I doubt that you will...their pretty little faces never to see their loving mother ever..
hmmm or maybe they will???? - Reply to this comment
- Men can prevent abortion before conception - after that it's a woman's issue - so but t-out
- Reply to this comment
- "Unnatural birth control is a sin." [Posted by soldat44]
Your definition of "sin" is not necessarily everyones definition of "sin".
Keep your religion off my right to choose. - Reply to this comment
- Unfortunately, the same people who want to make abortion illegal tend to want to also prevent *** ed and birth control. To me, that is immoral.
Posted by realpatriot1 at 11:23 AM : Apr 19, 2007
Natural Family Planning has a higher rate of 'birth control' than 'The Pill or Condoms'. Check your facts.
Unnatural birth control is a sin.
God Bless. - Reply to this comment
- aarikabutts you said..A very sad day for womens rights..... yes you are so right, women do have rights... read below...
we cant have governments telling women what they can do with their bodies, we cant have governments stopping women allowing Drs to split open a beautiful little defenceless babies head to kill it just before it is born, or to tear it out limb by limb, or to use salt to burn the baby until it dies a little time later in horrific pain.
All women have the right to do to their bodies what they want, yes, but not someone elses body....
Women have the right to make sure that they dont get pregnant, but they dont have the right to take the life of someone else. But I supose justice is not ours, it appears that women who abort are more likely to get breast cancer. As an abortion is different to a mis-carriage where the body has allowed the baby to be misscarriaged...with an abortion the baby is suddenly pulled from the body.. I have seen photos of aborted babies and some of them were so cute and pretty..Sadly, even though abortionist are supposed to be sure they stop the baby's heart with a direct injection of potassium chloride some
babies are aborted alive more often than is known...even to the mothers, and they are left to die.
Lets watch the fight from the abortion clinics, they will loose millions of dollars of they loose this fight. - Reply to this comment
- The far righters want to take us back to a time when abortions were only available to the wealthy.
At least they are consistant in their wealthy worship. - Reply to this comment
- soldat44 you are truly a sick person!!!! Do yourself a favor and seek help!
Posted by grumpas at 10:09 AM : Apr 19, 2007
Peace be with you. - Reply to this comment
Mike Huckabee on GOP "rock stars," 2012, health care reform and more.




