U.S. Supreme Court ruling supports ban of partial-birth abortion (PBA)

       On April 18^th, the U.S. Supreme Court announced a 5-4 pro-life decision in the Gonzales v. Carhart case.  This decision upholds the constitutionality of a ban of partial-birth abortion, an  abortion method.  It does not abolish a woman’s so-called “constitutional right” to an abortion but allows states to determine what each considers appropriate PBA regulation within the context of Roe v Wade.

       Justice Anthony Kennedy wrote the decision for the majority, i.e. Justices Samuel Alito, John Roberts, Antonin Scalia and Clarence Thomas.  Justices Scalia and Thomas added a brief statement that the U.S. Constitution did not recognize any right to abortion.  Justices Ruth Ginsberg wrote the dissenting opinion for herself and Justices John Paul Stevens, Stephen Breyer and David Souter.  Her opinion decried prohibition of the PBA with “no exception safeguarding a woman’s health.” 

       N.Y. Senator Diane Savino (D-Staten Island) predicted:  “In light of what happened with the Supreme Court a few weeks ago, we have reason to believe Roe v Wade is under attack so we need to strengthen New York state law.” 

      Governor Spitzer was clearly in agreement with Savino.  He has taken steps to remedy what he sees as the problem.

Updated on RARTL July, 2007