{"id":4708,"date":"2006-11-08T19:24:27","date_gmt":"2006-11-08T19:24:27","guid":{"rendered":"http:\/\/blog.beliefnet.com\/viamedia\/2006\/11\/partial-birth-abortion.html"},"modified":"2006-11-08T19:24:27","modified_gmt":"2006-11-08T19:24:27","slug":"partial-birth-abortion","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/11\/partial-birth-abortion.html","title":{"rendered":"Partial Birth Abortion"},"content":{"rendered":"

Today, the Supreme Court heard arguments on the federal partial-birth abortion ban. Transcripts of the arguments are here <\/a> and here.<\/a> Commentary from Scotusblog here:<\/a><\/p>\n

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Justice Anthony M. Kennedy, proceeding calmly, cautiously and analytically, left the clear impression on Wednesday that his vote may be available to strike down Congress’ first attempt to impose a nationwide ban on an abortion procedure — even though the procedure at issue is one that Kennedy has suggested is morally repugnant. In two hours of argument on abortion procedures, overwhelmingly dominated by analysis of medical procedures and barely touching basic separation-of-powers questions, Kennedy dropped suggestive hints one after the other that he is troubled by what Congress attempted in the Partial-Birth Abortion Ban Act of 2003.<\/p>\n

His vote — potentially decisive because four Justices who had voted in 2000 to strike down a somewhat similar state ban seemed unlikely to find the federal ban to be different in a constitutionally significant way — very likely will depend in the end on how opinions are drafted and negotiated along the way toward decisions in the cases of Gonzales v. Carhart <\/em>(05-380) and Gonzales v. Planned Parenthood<\/em> (05-1382). But, at least during oral argument, Kennedy seemed unpersuaded that Congress either had succeeded in making its ban narrow enough to be upheld without disturbing the core right to abortion, or that, if upheld as written, it could ever be challenged at a time when such a ban would genuinely threaten the health of pregnant women seeking abortions.<\/p>\n

The Court proceeded with the case without allowing itself or counsel to be diverted by a brief but noisy outburst from a spectator, who shouted out against abortion and warned the Court of repentance before he was hustled out. Chief Justice John G. Roberts, Jr., reacted with some humor, telling the lawyer at the podium at the time that the Court would allow her an extra 30 seconds to make up for the brief pause. (The spectator, identified as Rives Miller Grogan of Los Angeles, was arrested under a federal law against disruptions in the Supreme Court or on its grounds and for resisting arrest, and was turned over to local authorities for possible prosecution.)<\/p>\n

Justice Clarence Thomas did not take part in the hearing; Roberts said at the outset that Thomas was absent "due to illness" — apparently not serious — but would join in the ruling on the basis of the briefs and the hearing record. Justice Samuel A. Alito, Jr., was on the bench throughout, but asked no questions and made no comments. Justice Antonin Scalia, one of the Court’s most aggressive foes of abortion, played only a minor role, offering a couple of sarcastic comments but posing no questions.<\/p>\n<\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Today, the Supreme Court heard arguments on the federal partial-birth abortion ban. Transcripts of the arguments are here and here. Commentary from Scotusblog here: Justice Anthony M. 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The Catholicism comes from her side. Amy grew up in a number of places - Indiana - Washington, DC - Lubbock Texas - Arlington, Virginia - DeKalb, Illinois - Lawrence, Kansas - and Knoxville, Tennessee, where the family settled in 1973. She attended Knoxville Catholic High School, then the University of Tennessee where she majored in history. She received an MA in Church History from Vanderbilt University, where she wrote a thesis on the changing role of women in 19th century American Protestantism, and the ways Scripture was used to justify those changes. She worked as as a teacher in Catholic high schools and a Parish Director of Religious Education and started writing for the diocesan press - the Florida Catholic - in 1988. Amy has written columns for Our Sunday Visitor and Catholic News Service at times over the past twenty years. Her articles have been published in venues ranging from Our Sunday Visitor to the New York Times to Commonweal. She has written 17 books. 18, if you included the as yet tragically unpublished novel. Amy has five children, ranging in age from 26 to 4 and was married to Michael Dubruiel, who died unexpectedly in February 2009. She lives in Birmingham, Alabama.","url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/author\/awelborn"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts\/4708","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/users\/180"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/comments?post=4708"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts\/4708\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/media?parent=4708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/categories?post=4708"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/tags?post=4708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}