Have you heard of "partial birth abortion"? well, that term is not a medical term. it's made up by abortion opponents so that they can have a strawman procedure to 'ban'. this gets the
public used to the idea of banning abortion procedures. the procedure is extremely rare and virtually never used as anything but a last result. More to the point, it is usually ONLY used when something is going seriously wrong.
The legislature has attempted to ban certain late term abortions, termed 'partial birth abortions', but always failed due to the unwillingness to include exceptions for the health of the mother. Even President Clinton said he would have signed off on the ban had the exceptions for the mother's life been made. Previously, the US Supreme Court struck down the laws because they always lacked this exemption. I have yet to see whether there are any preserved exemptions for the mother's life. if not, the court has just reversed itself.
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 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.