Court upholds ban on partial birth abortion

AP/Fox News:

The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench.

The 5-4 ruling said the Partial Birth Abortion Ban Act that Congress passed and President Bush signed into law in 2003 does not violate a woman's constitutional right to an abortion.

Click here to read the full Partial Birth Abortion Ban Act.

The opponents of the act "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases," Justice Anthony Kennedy wrote in the majority opinion.

The decision pitted the court's conservatives against its liberals, with President Bush's two appointees, Chief Justice John Roberts and Justice Samuel Alito, siding with the majority.

Justices Clarence Thomas and Antonin Scalia also were in the majority.

It was the first time the court banned a specific procedure in a case over how — not whether — to perform an abortion.

...

While the pro abortion lobby will probably decry this decision, it actually helps them by taking away their weakest case from the debate over abortion. They would be wise to move on and forget it the outcome in this case. However, wisdom has never been much on display in the debate over abortion. That is mainly because the pro abortion side wants the procedure for those who have acted irresponsibly as well as those who have been the victims of criminal assault. On the other side many in the pro life crowd can't distinguish between the two either for different reasons. The debate then quickly spirals into name calling between "baby killers" and "women haters."

The courts need to some day put this issue back before the state legislatures.

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