I was elated to hear that the Supreme Court reversed lesser courts’ decisions and upheld the constitutionality of the Partial-Birth Abortion Ban Act of 2003. It is a step. (Read about it here.)
Because of my passion for constitution law and especially the rights of the unborn, I read the entire decision. (To read the decision, go here; I will be quoting directly from this document.) While I am pleased that the Act was upheld, I am saddened that it does not go further and am not entirely optimistic regarding greater regulation of abortion procedures. The Partial-Birth Abortion Ban Act prevents abortionists from knowingly performing an "intact D&E" where the fetus is partially delivered, stabbed in the head with a pair of scissors, and its brains are sucked out. Justice Kennedy writes, “Congress determined that the abortion methods it proscribed had a ‘disturbing similarity to the killing of the newborn infant’ Congressional Findings (14)(L), in notes following 18 U.S.C. § 1531 (2000 ed., Supp. IV), pg 769, and thus it was concerned with ‘draw[ing] a bright line that clearly distinguishes abortion from infanticide.’”(IV A) In this decision, Congress was supported in this action; however, the ruling does not appear to open a door for further restrictions. While upholding the constitutionality of this ban, the decision also upholds previous precedent which grants a woman’s right to choose. I affirm the concurring opinion of Justice Thomas and Justice Scalia who state, “I write separately to reiterate my view that the Court’s abortion jurisprudence, including Casey and Roe v. Wade 410 U.S. 113 (1973), has no basis in the Constitution.” It would have been a greater victory if Justice Roberts and Justice Alito had concurred with them!
Personally, I wish that the Partial-Birth Abortion Ban went further and that it outlawed all D&E procedures and not only “intact D&E” procedures. While I am grateful that “intact D&E” is now illegal, it is disturbing that a fetus of the same viability can still be torn to pieces within his mother’s womb. It is absolutely sickening that such actions are still consistent with the laws of this nation! I desire to see further restrictions placed on abortionists, but when I read Justice Kennedy’s statement, “The medical profession…may find different and less shocking methods to abort a fetus in the second trimester,” (IV A) I am not encouraged that the right to abortion is in jeopardy. A “less shocking method” does not protect the right of unborn babies. It is not only the methods that are shocking, but the fact that these babies lives are being taken from them LEGALLY that is SHOCKING!
So while this is a victory in that some abortions are now illegal, and that the court has ruled that, “the government may use its voice and regulatory authority to show its profound respect for the life within the woman,” (IV A) we are still far from true victory when even the tiniest humans are protected by the laws of this country. We can pray for such a day and work toward legislation that provides even greater protection of the unborn, but until then we must pursue other courses of action as well. Justice Kennedy writes, “The State’s interest in respect for life is advanced by the dialogue that better informs the political and legal systems, the medical profession, expectant mothers, and society as a whole of the consequences that follow from a decision to elect a late-term abortion.” (IV A) This is where the battle is to be fought and won: in the hearts and minds of individuals. When individuals come to understand the horror that is abortion, then we have hope that it will be outlawed. We must continue to fight this battle one expectant mother at a time. We must continue to proclaim the truth and defend the defenseless one conversation at a time. Some of the greatest pro-life advocates were once staunch abortion activists. They were won over by the truth. May we continue to be bold in speaking the truth in love, in the hopes that many hearts will change, baby’s lives will be saved, and women will be protected from the far-reaching, long-lasting consequences of aborting your own child!
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