Life Issues Institute, April 18, 2007 – Today, the US Supreme Court upheld the Partial-Birth Abortion Ban Act (5-4) that was passed by Congress and signed into law by President Bush in 2003.  This federal law will prohibit partial-birth abortion in all US states and is the first time a US Supreme Court has banned a specific abortion procedure. 

The decision is the first major abortion related case in which newly appointed, Chief Justice John Roberts and Justice Samuel Alito have ruled. Justice Anthony Kennedy wrote the majority opinion: The opponents of this Act “have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases.”  Chief Justice John Roberts, Justices Samuel Alito, Clarence Thomas and Antonin Scalia sided with the majority, facilitating the 5-4 pro-life victory.

In the minority opinion, Justice Ruth Bader Ginsburg wrote, “Today’s decision is alarming.”  Bradley Mattes, Executive Director of Life Issues Institute, said, “The only thing alarming is that the Court allowed this gruesome, gruesome procedure – killing a baby during delivery – to continue this long.  Today’s decision is a welcome change that may someday pave the way for protecting the 3,200 preborn babies killed every day by abortion.”

To read more about partial-birth abortion and the history of the Partial-Birth Abortion Ban Act, click here.

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