Amidst the Virginia Tech tragedy, you might have missed it, but on Wednesday the Supreme Court voted to support a nationwide ban on a controversial abortion method.
Abou the decision
In a 5-4 vote, the Supreme Court backed the 2003 Partial-Birth Abortion Ban Act, a federal law barring doctors from using a particular abortion method called “intact dilation and extraction,” often referred to as “partial-birth abortion” (generally used by anti-abortion supporters) or “D&X” (generally used by abortion-rights supporters).
[The procedure is typically performed in the second or third trimester of pregnancy. You can read more about it on the Kaiser Family Foundation web site.]
The only female on the court, Justice Ruth Bader Ginsburg, wrote the dissenting opinion, fiercely challenging the decision and saying the thinking “reflects ancient notions of women’s place in the family and under the Constitution.”
How did it come about?
Basically it comes after a lot of legal back and forth. First, the Supreme Court struck down an attempt to ban the procedure in 2000. Then Congress took it into its own hands in 2003 and passed the Partial Birth Abortion Ban Act, which President Bush signed it into law.
But three states objected and blocked the law from taking effect. Federal appeals courts backed them up. But the Justice Department put on the brakes and filed their own case to the Supreme Court—Gonzales v. Carhart. The high court heard arguments in November and cast votes Wednesday. (See a timeline here.)
What does it mean?
Now, if a doctor performs this abortion procedure, he can face criminal charges and spend up to two years in jail. Some doctors say the language within the law could apply to all abortions, possibly putting them at more risk. There is a caveat for women whose lives are at stake.
The big picture
Ninety percent of abortions take place in the first trimester. But the court’s decision marked a big win for the anti-abortion movement. And while women in the United States are still guaranteed a Constitutional right to an abortion under the 1973 decision Roe v Wade, abortion rights supporters worry this decision spurs opponents to push for more restrictions at the state level and to ultimately overturn the landmark decision. The reality is, five men changed the abortion debate as we knew it.
Talk back: How do you look at this issue?
By the way, thanks to Digable Planets for the headline.
Abou the decision
In a 5-4 vote, the Supreme Court backed the 2003 Partial-Birth Abortion Ban Act, a federal law barring doctors from using a particular abortion method called “intact dilation and extraction,” often referred to as “partial-birth abortion” (generally used by anti-abortion supporters) or “D&X” (generally used by abortion-rights supporters).
[The procedure is typically performed in the second or third trimester of pregnancy. You can read more about it on the Kaiser Family Foundation web site.]
The only female on the court, Justice Ruth Bader Ginsburg, wrote the dissenting opinion, fiercely challenging the decision and saying the thinking “reflects ancient notions of women’s place in the family and under the Constitution.”
How did it come about?
Basically it comes after a lot of legal back and forth. First, the Supreme Court struck down an attempt to ban the procedure in 2000. Then Congress took it into its own hands in 2003 and passed the Partial Birth Abortion Ban Act, which President Bush signed it into law.
But three states objected and blocked the law from taking effect. Federal appeals courts backed them up. But the Justice Department put on the brakes and filed their own case to the Supreme Court—Gonzales v. Carhart. The high court heard arguments in November and cast votes Wednesday. (See a timeline here.)
What does it mean?
Now, if a doctor performs this abortion procedure, he can face criminal charges and spend up to two years in jail. Some doctors say the language within the law could apply to all abortions, possibly putting them at more risk. There is a caveat for women whose lives are at stake.
The big picture
Ninety percent of abortions take place in the first trimester. But the court’s decision marked a big win for the anti-abortion movement. And while women in the United States are still guaranteed a Constitutional right to an abortion under the 1973 decision Roe v Wade, abortion rights supporters worry this decision spurs opponents to push for more restrictions at the state level and to ultimately overturn the landmark decision. The reality is, five men changed the abortion debate as we knew it.
Talk back: How do you look at this issue?
By the way, thanks to Digable Planets for the headline.
