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Abortion Ban Upheld: Partisan Lines Underscored

Meaghan Wagner

Issue date: 5/2/07 Section: News
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President Bush signing the controversial Partial Birth Abortion Ban of 2003.
Media Credit: http://z.about.com
President Bush signing the controversial Partial Birth Abortion Ban of 2003.

In a recent Supreme Court case, the justices ruled 5-4 to uphold a Congressional ban on partial birth abortion.

The 2003 legislation for the "Partial Birth Abortion Ban" was passed to limit a type of late-term abortion procedure known medically as "intact dilation and evacuation."

Of all types of abortion, this procedure is the one most criticized by abortion opposition. Many refer to it as "infanticide" due to the procedure's graphic nature.

Through this procedure, the fetus is partially delivered, often after 21 weeks or about 5 months into the pregnancy. After the partial delivery, a number of methods may be used, such as removing the contents of the cranium and suctioning the remainder of the fetus out of the uterus.

Opponents to the ban petitioned that the legislation was unconstitutional because it lacked a clause which would except women who had health issues. Though often recognized as a harsh form of abortion, it is also one that limits danger to the mother.

The decision, nipping at the heels of the 2008 Presidential election campaigns, has only served to underscore partisan ties. The Supreme Court, which was hearing the issue of abortion for the first time under the leadership of Judge John Roberts, has been criticized for voting "predictably conservative" on this issue.

In Congress, democrats are lamenting the decision and fearing the future if another Republican were to be elected to the Presidency.

"A lot of us wish that Alito weren't there and O'Connor were there," said Senate Majority Leader Harry Reid, a Democrat of Nevada, who was opposed to Bush's nomination of Alito.

In short, this topic may have been brought back to the forefront of the Presidential debates. A candidate could very well be evaluated based on who they may or may not appoint to the Supreme Court.


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