Today the United States Supreme Court, in a 5-4 decision, upheld the federal Partial-Birth Abortion Ban Act of 2003. Justices Roberts, Alito, Kennedy, Scalia and Thomas voted to uphold the ban on partial-birth abortion. Justice Kennedy wrote the majority opinion and Justice Ginsberg wrote the dissent, joined by Souter, Breyer and Stevens. The Court upheld the ban, stating, "The government may use its voice and its regulatory authority to show its profound respect for the life within the woman." Justice Thomas added in a concurring opinion, joined by Justice Scalia: "I write separately to reiterate my view that the Court's abortion jurisprudence, including Casey and Roe v. Wade, has no basis in the Constitution."
Liberty Counsel filed amicus briefs in the cases considered by the Court, Gonzales v. Planned Parenthood and Gonzales v. Carhart, pointing out that Congress rightly determined that the procedure is not medically necessary to preserve the health of the mother. The Court recognized that the ban protects women from harm that can occur, stating: "It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns, only after the event, what she once did not know: that she allowed a doctor to pierce the skull and vacuum the fast developing brain of her unborn child, a child assuming the human form."
The tide is turning and the culture of life is being restored at the highest levels. What a difference one Justice can make in the battle for life! This case involves the same doctor and the same law that the Court considered several years ago, but now we have a different Court that has come to the right decision on the side of life.