Partial-Birth Abortion Goes to Supreme Court
|Hold on to your hats, the abortion issue and the Supreme Court will be taken up again. The predominate liberal/conservative litmus test in nominee hearings for decades will be tested for the the first time by the court since it's two newest members were confirmed. This case will be limited to partial birth abortions, but it will be an important case. The 2003 legislation has been hung up in the lower courts since it's passage.|
The abortion war is a polarizing one, in which neither side has left any room for compromise. Partial birth abortion is the low hanging fruit for abortion opponents, and with good reason. More than any other abortion procedure, it takes the question of whether a human life is at stake out of the equation. Kansas is one of 15 states that supported the appeal.
The legal point of the case hinges on the lack of an exception for the health of the mother, though an exception for saving the life of the mother is included in the legislation. As in many Supreme Court decisions, it is likely to revolve around a narrow point of law, rather than on more sweeping grounds.
Even so, it will be the first test of the hopes for the newly formed court by abortion opponents, and the fears of advocates.