PARTIAL
BIRTH ABORTION BAN UPHELD BY U. S. SUPREME COURT
Today in a 5-4 vote, the U. S. Supreme Court
upheld the partial-birth abortion ban stating the opponents of the act "have
not demonstrated that the Act would be unconstitutional in a large fraction
of relevant cases."
Those voting for the ban included Chief
Justice John Roberts, Justices Samuel Alito, Clarence Thomas, Antonin Scalia
– and the swing vote was Justice Anthony Kennedy (who actually wrote the
majority opinion – a pleasant surprise since his dissent was notable in 2000
when the Court voted 5-4 to overturn the ban). Stating in the majority
opinion, "The Act proscribes a method of abortion in which a fetus is killed
just inches before completion of the birth process...Congress determined
that the abortion methods it proscribed had a 'disturbing similarity to the
killing of a newborn infant'..." He also said, "The law need not give
abortion doctors unfettered choice in the course of their medical practice."
Predictably, Justice Ruth Bader Ginsberg
voted against the ban and wrote the minority opinion stating, "Today’s
decision is alarming….the ruling refuses to take seriously previous Supreme
Court decisions on abortion." Ginsberg went on to say 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."
It will forever be a mystery to me how a
woman who has carried a baby close to her heart could have such a cold,
callous view of life and believe that a baby – a moment away from birth –
can be killed.
The other Justices who voted against the ban
were Stephen Breyer, David Souter and John Paul Stevens.
Thanks be to God for the Justices who were
willing to vote to uphold the ban on this gruesome procedure. Let us pray
that this is the beginning of steps to overturn Roe v. Wade, a decision
handed down by the Court in 1973 that wove out of whole cloth a "right to
privacy" in our Constitution for women to abort their babies.