Partial Birth Abortion Ban Upheld
18 April 2007In a 5-4 decision the Supreme Court today upheld the federal ban on partial birth abortion. For the first time since Roe v Wade, conservatives and the pro life movement have something to cheer about in the abortion arena. Still, it must be recognized that this decision may not be the last word on the subject.
The court found that the law was not unconstitutional “on its face.” Opponents of the law charged that it was clearly and blatantly unconstitutional and that was the basis of the various court rulings to date. This does not preclude a particular woman from filing suit based on her particular circumstances, claiming that in her case the procedure is the best option.
This case illustrates the importance of judicial nominees. The deciding factor was Justice Alito who replaced retiring Justice O’Connor. O’Connor had been the deciding vote in favor of the pro abortion side to date. With Alito going the other direction the door seems open to further erosion of Roe v Wade.
For those who believe there is no appreciable difference between Republicans and Democrats I refer you to this decision. President Bush may well have one more Supreme Court appointment and the next President will certainly have one or two. Who is appointed is of monumental importance. There is no better or more important legacy of a president. Justices Roberts and Alito will be on the Supreme Court long after President Bush has gone back to Texas. Many of President Bush’s actions will be forgotten or overturned by subsequent Congresses. But his Supreme Court appointments will still be deciding cases.
The ’08 elections are approaching. As you consider who to support or which party you think should lead this country, do not forget the importance of judicial nominees. Hundreds of judges are appointed in a typical presidential term. Seriously consider what kind of justices you want on federal district courts and the Supreme Court. That really matters.
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April 18th, 2007 at 3:05 pm
Unfortunately, they haven’t banned abortion in the 3rd trimester with this…. Only 1 method of a 3rd trimester abortion. But I am thankful that at least we’re moving in the right direction. I hope that the trend towards banning abortion continues….
April 18th, 2007 at 3:50 pm
I hesitate to say we’re on a roll but it’s a start. With Alito’s replacement of O’Connor, we are headed in the right direction. I am convinced that had O’Connor still be on the court this would have been decided the other way.