-

A barbaric practice, partial birth abortion, goes before the Supreme Court.

Date published: 3/14/2006

CHARLOTTESVILLE--There are some things so evil that, even in a world filled with pain and suffering, it is almost incomprehensible that they exist in a so-called civilized society. What's more, such evils should be opposed by any and every person who claims to be a champion of human rights.

Partial-birth abortion is one such evil. Now the question of whether this gruesome evil will be permitted in American society will be decided by the U.S. Supreme Court.

The law in question is the Partial-Birth Abortion Ban Act, signed into federal law by President Bush in 2003. This act imposes criminal liability on a physician who knowingly performs a partial-birth abortion. While the statute does include an exception to preserve the life of the mother, it does not include one for the health of the mother.

The reason for this is that prior to drafting the statute, Congress determined from extensive fact-finding that a partial-birth abortion is never medically necessary to preserve the so-called health of the mother--the "health of the mother" being a phrase left largely undefined by both the law and the courts that obviously includes mental health.

This law was quickly challenged by abortion rights activists and found unconstitutional by the 8th Circuit Court of Appeals, as well as several other appeals courts. The 8th Circuit Court concluded that since the statute fails to include a "health of the mother exception," it is in clear violation of prior U.S. Supreme Court precedent.

The appeals court also determined that it was not bound by Congress' factual finding that partial-birth abortions are never medically necessary to preserve the health of the mother because there is a significant body of medical opinion suggesting that it is sometimes necessary.

What is the concern over partial-birth abortions? And why is it singled out and prohibited by federal law?

First and foremost, we must not forget that the doors in the United States have opened wide since the Roe v. Wade case. In fact, within a few short years, we were no longer merely talking about women's rights--the issue had shifted to harvesting aborted babies.

Date published: 3/14/2006