CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, April 18, 2007

SCOTUS Decides Gonzales v Carhart

Supreme_court_20From U.S. Supreme Court recently decided Gonzales v. Carhart, No. 05-380, a 5-4 majority of the court rejected facial constitutional challenges to the federal Partial-Birth Abortion Ban Act of 2003 , which authorizes criminal penalties for performing so-called "partial birth" second-trimester abortions.

Writing for the majority, Justice Anthony Kennedy said that opponents of the Partial Birth Abortion Act of 2003 "have not demonstrated that the Act would be unconstitutional in a large fraction of relevant cases." "Today's decision is alarming,"

Justice Ruth Bader Ginsburg wrote in dissent with justices Stephen Breyer, David Souter and John Paul Stevens. She said the ruling "refuses to take ... seriously" previous Supreme Court decisions on abortion. But the American Center for Law and Justice, which litigates pro-life issues, called the ruling "an important shift in the ongoing battle to protect human life." Rest of Article. . . [Mark Godsey]

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This is a great day for the pro-life movement. We have Senator Sam Brownback to thank for rejecting the Miers nomination and getting Justice Alito on the court.

Posted by: Psycheout | Apr 18, 2007 9:28:12 PM

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