WASHINGTON — The Bush administration is asking the U.S. Supreme Court to take up the issue of partial-birth abortion, providing an opportunity for pro-lifers to know within a year where the two newest members of the court stand on the contentious issue.
The Justice Department filed an appeal Sept. 23, arguing that lower courts erred when they overturned the 2003 federal ban on partial-birth abortion, which President George W. Bush signed into law. Abortion rights groups quickly prevented the law from taking effect by suing in federal court.
The high court considered a partial-birth abortion case in 2000 — Stenberg vs. Carhart — striking down a Nebraska law that had banned the procedure. In that 5–4 ruling, the court said partial-birth abortion could only be banned if there was an exception for the health of the mother. Pro-lifers say such an exception would leave a gigantic loophole and make any ban worthless. The federal law does include an exception for the life of the mother.
In passing the Partial-Birth Abortion Ban Act of 2003, Congress released legislative findings declaring that partial-birth abortion is never necessary to save the health of the mother.
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