Supreme Court Agrees to Review The Federal Abortion Ban!
On Tuesday, February 21st, the U.S. Supreme Court agreed to hear the Bush Administration's appeal in the case of Gonzales v. Carhart. In Carhart, the U.S. Court of Appeals for the Eighth Circuit struck down the Federal Abortion Ban on the grounds that it was so broad it could outlaw abortion as early as the 12th week in pregnancy, and because it lacked any exception to protect a woman’s health.
The Eighth Circuit’s decision affirmed the decision of a federal district court that had struck down the ban. In two similar cases, four other federal courts have found that the Federal Abortion Ban is unconstitutional and unenforceable. In striking down the ban, courts have relied largely on the Supreme Court’s 2000 decision in Stenberg v. Carhart.
The threat pro-choice Americans feared has come to fruition: Justice Sandra Day O’Connor cast decisive votes to protect a woman’s right to choose for two decades, and just three weeks after Justice Samuel Alito replaced her, the Court has signaled its intent to reverse course by hearing challenges that are aimed at eliminating vital protections for women’s health.
The Court’s action signals the core principle of protecting women’s health as guaranteed by Roe v. Wade is in clear and present danger.
This is not about late-term abortion. NARAL Pro-Choice North Carolina supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortion, provided such laws contain adequate exceptions to protect the life and health of the woman.
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