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Partial Birth Abortion
In what may become a landmark decision on abortion rights, the U.S. Supreme Court recently upheld the federal Partial-Birth Abortion Ban Act of 2003 (the Act) in a 5-to-4 decision with implications extending beyond the abortion field.
Announcing its decision in Gonzales v. Carhart, 2007 U.S. LEXIS 4338 (2007), the Court for the first time upheld a ban on a specific method of abortion. By this decision, the Court approved federal legislation that places physicians who perform the prohibited procedure at risk for possible criminal prosecution, fines and up to two years in prison. The federal legislation, passed in 2003, had never taken full effect as lower court rulings granted permanent injunctions prohibiting the Attorney General from enforcing the Act in all cases but those in which there was no dispute that the fetus was viable. Understanding the potential impact of the Gonzales decision requires consideration of prior Supreme Court rulings and the medical procedure in issue.
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