Case Will Point to Revised Court’s Abortion Approach

Posted on Nov 4, 2006

The Supreme Court will hear arguments next week regarding the constitutionality of the Partial-Birth Abortion Ban Act passed by Congress.  The case should indicate how the newly formed court will approach abortion rights without the presence of Sandra Day O’Connor.

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Reuters via Yahoo!:

At issue is whether the law is unconstitutional because it fails to provide an exception for abortions to protect the health of a pregnant woman, whether it imposes an undue burden on a woman’s right to seek an abortion and whether it is too vague.

Adopted by Congress after nine years of hearings and debate, the law has never been enforced because of court challenges. The six lower federal courts that reviewed the law all declared it unconstitutional.

The cases represent the first significant test of whether abortion rights will be restricted because of the retirement of moderate Justice Sandra Day O’Connor, who provided the decisive vote on the divided court for such rights.

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