The US Supreme Court has decided 5–4 to let Congress ban a rare abortion method known as intact dilation and extraction, or “partial-birth abortion” to its opponents. The ruling, made possible by the votes of 2 Bush appointees and bitterly criticized by dissenting justices, indicated the court may rule favorably on scores of measures now before state legislatures to limit abortion access more broadly. Mississippi and Louisiana already ban abortions outright and other states already have enacted or proposed waiting periods and other obstacles.
The law that the court upheld, the Partial-Birth Abortion Ban Act of 2003, is the first-ever federal statute to ban a particular abortion procedure. It had been ruled unconstitutional by every federal court to review it, given that the ban includes no consideration of the woman’s health or safety compared to alternative methods. But yesterday’s Court majority addressed and dismissed this concern, to the vocal chagrin of the dissenting justices.
A doctor who performs such an operation can be sent to prison for 2 years under the 2003 law. It can be enforced even in states such as California, where the right to abortion is protected by a state law and an explicit constitutional right to privacy.
The procedure, which is generally performed in the fifth or sixth month of pregnancy, often after a diagnosis of fetal abnormality, is sometimes safer than the much more common dilation and evacuation procedure or another method that induces labor to deliver the fetus. The point, doctors said, is it should be up to medical professionals to decide what's safest for their patients.
Main Source: San Francisco Chronicle