In 2003, President Bush signed into law the Partial Birth Abortion Ban
Act. This law bans a specific kind of abortion, also known as an intact
dilation and extraction abortion. The law doesn't mention
fetal development or length of time into the pregnancy, only the procedure
used to complete the abortion.
Does the law contain an exemption depending on the circumstances
of the pregnancy?
- The ban does not apply if avoiding the procedure would put
the life of the mother at risk.
- The penalty for violating the ban is up to two years in prison and
a fine.
How did the Supreme Court rule, and why?
In a 5-4 decision, the Supreme Court upheld the ban.
Their decision was based on the fact that alternative forms of abortion
are available, so this law does not present an obstacle to a woman who
wants a legal abortion in the U.S.
How does this differ from Nebraska's
ban on partial birth abortions, which the Supreme Court ruled against
a few years ago?
The Nebraska law was vague since it didn't define a partial birth
abortion. It also failed to offer an exception for the health of the
mother.
The Supreme Court's decision in this case represents a
conservative shift in the court’s thinking following the retirement
of Sandra Day O'Connor last year.
