www.byzcath.org Forums General Discussions Town Hall Supreme Court hears challenges to partial-birth abortion ban

The intensely awaited decision of the U.S. Supreme Court on the constitutionality of the Partial-Birth Abortion Ban passed by Congress and signed into law by President Bush takes center stage as the Court starts to hear arguments tomorrow, Wednesday!

The Ban dispensed with the "health exception" rule tacked previously into every bill on abortion rights as the overriding factor for the "legality" of an abortion.

Proponents of the Ban surmounted this rule by presenting copius medical testimony and evidence during the public hearings before a Congressional committee that the procedure is not abortion in its generally accepted meaning but literally "murder," as the baby is already out of the uterus when his/her life is unceremoniously snuffed out! It is simply a "barbaric" and a murderous act!

Story:

http://www.catholicnewsagency.com/new.php?n=8001

Thus, it is specially and explicitly called "partial-birth abortion." The baby is already born and alive!

Hoping for God's deliverance!

Amado

I'm glad that Fr. Frank Pavone of Priests for Life will be at the hearings. Voices like his will be crucial to upholding the ban, but prayer is needed above all else.

God grant to your servant Fr Povone and all those standing before the court the words of wisdom that they judges need to hear. Open the eyes and ears to the hearts of the judges that they will hear your truth Jesus and ban this most atrocious ending to your precious little ones. God have mercy on us all!

Our Father, Who art in heaven,
Hallowed be Thy Name.
Thy Kingdom come.
Thy Will be done, on earth as it is in Heaven.
Give us this day our daily bread.
And forgive us our trespasses,
as we forgive those who trespass against us.
And lead us not into temptation,
but deliver us from evil. Amen....

Observers of the proceedings have come up with the "voting" trend of the 9 Supreme Court justices.

"Liberal" Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer were in the majority in the Stenberg v. Carhart," the 2000 case striking down a Nebraska state ban on partial-birth abortion, are unlikely to switch. The swing vote on that case was Sandra Day O'Connor who has since retired.

"Conservative" Justices Antonin Scalia and Clarence Thomas are firm opponents of Roe v. Wade, the 1973 case that legalized abortion nationwide.

Both voted in favor of the Nebraska ban in 2000 and were joined by the then Chief Justice Rehnquist and Anthony Kennedy, who wrote an impassioned dissenting opinion in that Stenberg case.

However, Justice Kennedy has been known to change his stance where "new" convincing evidence is presented and is tabbed as the "swing" vote this time around taking the place of Justice O'Connor.

Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. are the new members of the Court but who are perceived to be "conservatives" and will most probably join Justices Scalia and Thomas in upholding the ban and, therefore, the constitutionality of the law.

On our part, we consider the decision on these 2 appealed cases (from the Appellate Courts where both were declared unconstitutional, i.e., the partial-birth abortion ban as passed by Congress and signed into law by Pres. Bush in 2003 is an "impermissible" infringement on the constitutional right of a woman to abortion by virtue of the 1973 Roe v. Wadecase) to be historic (and critical?) as this would be the first time that the hoped for "Catholic vote" in the U.S. Supreme Court makes it presence felt!

Conservative Justices Scalia and Thomas, "swing" vote Justice Kennedy, Chief Justice Roberts, and Justice Alito are Catholic and constitute a majority (5>4) in the current U.S. Supreme Court.

Let's hope their judicial statesmanship will reflect, if not match, the Catholic position on partial-birth abortion!

Amado

Justice Kennedy is as Catholic as William Brennan was. But we must hope and pray that God will give him a heart of flesh as he reviews this issue.