WASHINGTON (AP) — The Supreme Court upheld the nationwide ban on a controversial
abortion procedure Wednesday, handing abortion opponents the long-awaited
victory they expected from a more conservative bench.
The 5-4 ruling said the Partial
Birth Abortion Ban Act that Congress passed and President Bush signed
into law in 2003 does not violate a woman's constitutional right to an
abortion.
The opponents of the act ''have not demonstrated that
the Act would be unconstitutional in a large fraction of relevant
cases,'' Justice Anthony Kennedy wrote in the majority opinion.
The administration defended the law as drawing a
bright line between abortion and infanticide.
The decision pitted the court's conservatives against
its liberals, with President Bush's two appointees, Chief Justice John
Roberts and Justice Samuel Alito, siding with the majority.
Justices Clarence Thomas and Antonin Scalia also were
in the majority.
It was the first time the court banned a specific
procedure in a case over how — not whether — to perform an abortion.
Abortion rights groups as well as the leading
association of obstetricians and gynecologists have said the procedure
sometimes is the safest for a woman. They also said that such a ruling
could threaten most abortions after 12 weeks of pregnancy, although
government lawyers and others who favor the ban said there are
alternate, more widely used procedures that remain legal.
The outcome is likely to spur efforts at the state
level to place more restrictions on abortions.
''I applaud the Court for its ruling today, and my
hope is that it sets the stage for further progress in the fight to
ensure our nation's laws respect the sanctity of unborn human life,''
said Rep. John Boehner of Ohio, Republican leader in the House of
Representatives.
Said Eve Gartner of the Planned Parenthood Federation
of America: ''This ruling flies in the face of 30 years of Supreme Court
precedent and the best interest of women's health and safety. ... This
ruling tells women that politicians, not doctors, will make their health
care decisions for them.'' She had argued that point before the
justices.
More than 1 million abortions are performed in the
United States each year, according to recent statistics. Nearly 90
percent of those occur in the first 12 weeks of pregnancy, and are not
affected by Wednesday's ruling.
Six federal courts have said the law that was in focus
Wednesday is an impermissible restriction on a woman's constitutional
right to an abortion.
The law bans a method of ending a pregnancy, rather
than limiting when an abortion can be performed.
''Today's decision is alarming,'' Justice Ruth Bader
Ginsburg wrote in dissent. She said the ruling ''refuses to take ...
seriously'' previous Supreme Court decisions on abortion.
Ginsburg said the latest decision
''tolerates, indeed applauds, federal intervention to ban nationwide a
procedure found necessary and proper in certain cases by the American
College of Obstetricians and Gynecologists.''
She was joined by Justices Stephen Breyer, David
Souter and John Paul Stevens.
The procedure at issue involves partially removing the
fetus intact from a woman's uterus, then crushing or cutting its skull
to complete the abortion.
Abortion opponents say the law will not reduce the
number of abortions performed because an alternate method — dismembering
the fetus in the uterus — is available and, indeed, much more common.
In 2000, the court with key differences in its
membership struck down a state ban on partial-birth abortions. Writing
for a 5-4 majority at that time, Justice Breyer said the law imposed an
undue burden on a woman's right to make an abortion decision.
The Republican-controlled Congress responded in 2003
by passing a federal law that asserted the procedure is gruesome,
inhumane and never medically necessary to preserve a woman's health.
That statement was designed to overcome the health exception to
restrictions that the court has demanded in abortion cases.
But federal judges in California, Nebraska and New
York said the law was unconstitutional, and three appellate courts
agreed. The Supreme Court accepted appeals from California and Nebraska,
setting up Wednesday's ruling.
Kennedy's dissent in 2000 was so strong that few court
watchers expected him to take a different view of the current case.
Kennedy acknowledged continuing disagreement about the
procedure within the medical community. In the past, courts have cited
that uncertainty as a reason to allow the disputed procedure.
But Kennedy said, ''The law need not give abortion
doctors unfettered choice in the course of their medical practice.''
He said the more common abortion method, involving
dismemberment, is beyond the reach of the federal ban.
While the court upheld the law against a broad attack
on its constitutionality, Kennedy said the court could entertain a
challenge in which a doctor found it necessary to perform the banned
procedure on a patient suffering certain medical complications.
Doctors most often refer to the procedure as a
dilation and extraction or an intact dilation and evacuation abortion.
The law allows the procedure to be performed when a
woman's life is in jeopardy.
The cases are Gonzales v. Carhart, 05-380, and
Gonzales v. Planned Parenthood, 05-1382.