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Supreme Court Case Upcoming
Sunday, October 19, 2008

Gonzales v. Planned Parenthood Federation of America, Inc.Planned Parenthood sued the Attorney General of the United States for an injunction against the enforcement of the Partial-Birth Abortion Ban Act of 2003, 18 U.S.C. § 1531. The district court granted the injunction, holding that the Act was facially unconstitutional because it was impermissibly vague, imposed an undue burden on a woman's constitutionally protected right to have an abortion, and had no exception to the ban for the health of the woman.The Attorney General appealed to the United States Court of Appeals for the Ninth Circuit, which affirmed the injunction for each of the three reasons stated by the district court. The Act was unconstitutionally vague because it used non-medical terms like "partial-birth abortion," which makes it too difficult for doctors to know what the statute covers. The Act also effectively outlawed second trimester abortions, causing an undue burden on a woman's right to have an abortion, which the United States Supreme Court ruled was unconstitutional in Stenberg v. Carhart. Finally, the Act does not contain an exception for abortions performed for the health of the woman, which Stenberg also requires.Question Presented: Whether, notwithstanding Congress's determination that a health exception was unnecessary to preserve the health of the mother, the Partial-Birth Abortion Ban Act of 2003 is invalid because it lacks a health exception or is otherwise unconstitutional on its face.Decision under ReviewWhat is a partial birth abortion?See this link. Warning it is graphic...http://www.nrlc.org/ABORTION/pba/diagram.htmlI think what I have discovered so far is that viability of fetus is still considered at 6months gestation. This is a fetus approximately 2-4 pounds. Many of you have known premature infants and can readily identify with this tiny person. I do not know personally of any physician that would perform this.I did have a friend who was born in 1950's as a result of a botched abortion attempt. He told me that the nurse took pity on him and put him in an iron lung machine and cared and raised him. He was very healthy, became a police office, then a lawyer, then went on to public office. He told me that he always felt he didn't want to waste his life's chance.He certainly did not.Jennifer Burns RN
Posted by MH at 4:02 PM 0 comments
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