• This is a political forum that is non-biased/non-partisan and treats every persons position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!
  • Welcome to our archives. No new posts are allowed here.

us supreme court nears crucial abortion ruling

FISHX

Member
Joined
Nov 9, 2005
Messages
212
Reaction score
0
Location
uk
Gender
Undisclosed
Political Leaning
Private
02 February 2006 08:13

The United States Supreme Court moved a step closer on Wednesday to taking up its first case on abortion since the appointment of two judges of President George Bush's choosing, after two federal appeals courts ruled that a ban on a termination procedure was unconstitutional.

The rulings, in courts in California and New York, were handed down on Tuesday, the same day that the deeply conservative Samuel Alito was sworn in as a Supreme Court justice, and underlined how quickly his appointment could change federal abortion law.

"This is likely to be the next abortion case before the court and probably the first one Alito will hear," said Lorraine Kenny, a spokesperson for the American Civil Liberties Union, which fought the case in New York. "We are concerned."

Both rulings said the ban on the procedure, which involves partly removing an intact foetus from the body after the first trimester before aborting it, was unconstitutional because it failed to provide an exception when alternative methods could endanger the woman's health.

The ban, which was signed into law by Bush in 2003 but never enforced because of legal challenges, would make what the anti-abortion movement calls partial birth abortion punishable by up to two years' jail for doctors who carry it out.

In a unanimous ruling, the court in San Francisco said the law placed an unfair burden on a woman's right to an abortion, and put doctors at risk of criminal liability for virtually all abortion procedures after the first 12 weeks of pregnancy.

The ruling from the New York court was less of a victory for the abortion rights movement, with an unusually sharp dissent from one judge and a rebuke from the Chief Judge, John Walker.

Walker overturned the ban, but called the abortion procedure "morally repugnant". He called on the Supreme Court to issue a ruling that would require opponents of the ban to demonstrate how it would harm women.

The twin rulings make it increasingly likely that the federal ban on the procedure would be the next abortion case before the US Supreme Court, and the first that Alito will hear. The issue is already before the Supreme Court after a court in Missouri became the first to strike down the ban by Congress last year. -- Guardian Unlimited © Guardian Newspapers Limited 2005


http://www.guardian.co.uk/usa/story/0,,1700083,00.html
 
Top Bottom