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| Wednesday, April 18, 2007 |
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| Partial-birth abortion ban upheld |
| The Supreme Court has upheld a law passed by Congress and signed by President
Bush in 2003 outlawing the inhumane and grisly practice of partial-birth abortions. As expected, both of Bush's Supreme Court appointments sided
with the majority. This is a being touted as a victory for pro-lifers. Yes, it is great to see this decision handed down, but in my view,
it is simply a signal that we have not gone beyond all reason as a nation in the abortion debate.
It is scary to me that 4 of the 9 justices actually decided such a ban was unconstitutional. I am thankful to God that George W. Bush was
president when the last two Supreme Court justices stepped down. Otherwise, this ban would have been struck down and the constitutionally
non-existent "right to an abortion" would have expanded to just about every conceivable circumstance.
An interesting note about the story linked to here. Both in the subtitle and in the text of the article, the idea is conveyed that the Supreme
Court itself banned the practice.
| It was the first time the court banned a specific procedure in a case over how — not whether —
to perform an abortion.
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Of course, the Court only upheld a ban enacted by Congress. This is a subtle yet important distinction that reveals a growing misunderstanding,
I believe, in Americans' view of the roles of the branches of government. For some time now, conservatives have been campaigning against justices
legislating from the bench. Roe v. Wade is very much an example of enacting public policy via a Supreme Court decision, rather than through
legislation. I believe the wording in this article shows a mindset in which legislation from the bench is now both accepted and expected by some
in our society.
posted by Scott Elliott at 1:45pm 04/18/07 ::
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