Partial Birth Abortions Banned by Supreme Court

NATIONAL - In a 5-4 decision Wednesday, the Supreme Court approved what is being called a victory for anti-abortion activists today when its decision approved a ban on a controversial abortion procedure.

The controversial procedure that was banned is what many in the fight against abortion rights have dubbed partial birth abortion. This ruling is the first of its kind to ban a particular abortion procedure since legalizing abortions in 1973, without, according to the Supreme Court ruling, limiting a woman's constitutional right to medical abortion.

The ban on partial birth abortions only limits the manner in which an abortion can be performed, but does not prohibit other medical procedures for performing late-term abortions.

The decision was written by Justice Anthony Kennedy, who wrote that the ban does not contain an exemption for medical procedures for partial birth abortions, even in the event that the mother's life is in danger.

The original ruling in 1973, which legalized abortion rights for women, set up three very important caveats to the abortion laws. The first two are: 1) a woman had a right to choose a medical abortion prior to fetal viability 2) the state had the right to restrict abortion availability after fetal viability, as long as an exemption was available if the woman's life was endangered by the pregnancy.

Justice Kennedy wrote in his decision that the ban is nonetheless still constitutionally aligned, even without this exemption, since there are other methods for termination a pregnancy late-term when a mother's life is in danger. Unfortunately, many in the medical community disagree with this decision, since a doctor would be better educated and informed on the type of procedure needed to save a woman's during a high risk pregnancy.