Supreme Court Upholds ban on Partial Birth Abortions

Today, the Supreme Court upheld a federal law banning partial birth abortions.

http://abcnews.go.com/Politics/wireStory?id=3052624

 

I am SO sorry, I forgot to put the link to the article in the above post, something I keep asking others to do.

Again, my apologies. I've been a bit short on sleep lately.

 

Thomas's opinion in regards to the commerce claus is probably the most interesting in this decision.

 

So do you think that this still leaves an option of challenge to the law open?

 

One would hope. I think abortion is a state's right issue, not a federal issue. On that grounds, I think roe v wade was a bad decision.

So, if an individual state wants to outlaw partial birth abortion, great; but its not up to congress to legistlate for the entire country. That's why we have a commerce claus, after all. And why we have states.

 

Well given that we have Roe V Wade, wouldn't a state law to ban partial birth abortions run up against the fact that federal laws and rulings trump state laws?

 

not sure. doesnt one of the dakotas have a ban on partial birth abortion, now? i think it'd take getting roe overturned to re-right the ship in the long run; but with how broadly the commerce claus is interpreted; I dont think a real challenge will happen very quickly. congress runs roughshod over that claus all the time and no one really cares.

 

The clause about the federal government having the ability to regulate inter-state commerce right? And the fact that any law out there will have -some- impact on interstate commerce, so therefore anything the government does is legal based on that clause, according to some theories?

 

Interstate commerce. Not intrastate commerce. Unless you live on the state line between florida and georgia, I can't see how the abortion falls under interstate commerce

 

Well, a while back someone railing against the ban told me that in the state he was in, with their hospital facilities, that was the safest kind of abortion available.

So if you ban that kind of abortion in a state where it's the safest kind available (hard to imagine, and he never said what state he was in, so I couldn't verify for -his- state), it leads to more people crossing state lines to get abortions in states with proper medical facilities. This then counts as inter-stare commerce I suppose.

 

This is good news for many innocent babies.

 

I agree...I also think that if parents had more control over their kids it wouldn't be as big of a problem...all the more reason for homos....you can't have abortions if their are no heteros!!! lol...just kidding...

 

I don't doubt that most people who were seeking an abortion would use one of the safer practices to have one.