The Supreme Court decision on partial birth abortion

Apr 20, 2007 18:09

Here is the text of the decision. If you haven't already read it I strongly encourage you to do so.

http://www.supremecourtus.gov/opinions/06pdf/05-380.pdf

Too many people are arguing from positions of ignorance on this topic.

Myths:
  • Abortion has been banned or restricted.
    One variant of one procedure has been ruled to be illegal. Access to abortion has not been banned or restricted. The AMA states that there have always been alternatives to this procedure.
  • The Supreme Court is practicing medicine.
    Funny how this wasn't the charge when they ruled in Roe v. Wade, eh? The fact is that the Supreme Court heard evidence from medical experts in the field and based their decision (in part) on that testimony. The Supreme Court focuses on the law, not medicine.
  • The decision is flawed because the majority were all men.
    Again, this wasn't the concern in 1973 or the fact that the minority opinion was majority male. The fact is that both men and women have legitimate concerns and input over abortion and as noted above, the Supreme Court is focusing on the law and not gender politics.
  • The decision ignores precedent.
    This is not the case. In fact, when the Supreme Court last ruled on partial birth abortion bans it spelled out how that law could be modified to conform to the Constitution. That is precisely what was done with the current law. Nor is precedent something that is never overturned. The Supreme Court has for example ruled in the past that people are property (slaves) and that separate but equal education facilities were lawful until other courts overturned those rulings.
Hopefully this will help everyone debate the topic from a more informed position.

supreme court, abortion, partial birth abortion

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