The US Supreme Court's April 18 decision to uphold the Partial-Birth Abortion Ban Act has led to a fierce counter-attack by pro-choice advocates who claim the act does not take a woman's health into consideration.
There will also be an interesting tussle between state laws and the federal law. State laws allow abortion till the sixth month (24 weeks) of pregnancy, a limit that could be extended if a woman's health or life is in danger. A partial-birth abortion or Intact Dilation and Extraction (IDX) abortion takes place during 18th to 26th week of pregnancy and is done by delivering the fetus and then allowing it to die.
While the Partial-Birth Abortion Ban Act has provided a provision of abortion in case of danger to a woman's life, pro-choice advocates say that there is no provision for partial-birth abortion if there is any risk to a woman's health. Many allege that the Supreme Court ignored the medical evidence and accepted comments made by politicians on preserving life.
Says Joan Malin, President and CEO of Planned Parenthood of New York City, "For the first time ever, the Supreme Court told women that politicians, not doctors, will make their medical decisions for them. Make no mistake: This ban is part of a larger agenda to criminalize abortion. This ruling opens the door to increased state and federal attempts to limit access to safe, legal reproductive health care/”
Pro-choice advocates point out that the act is totally against the landmark ruling made during Roe v Wade in 1973, where abortion was permitted for any reason until "point at which the fetus becomes 'viable'".
"The Supreme Court has declared open season on women's lives and on the right of women to control their own bodies, their health and their destinies. Overturning a decision only a few years old, the Court has, for the first time since Roe v. Wade, allowed an abortion procedure to be criminalized", said Rep. Jerrold Nadler, who is also on the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties.
Meanwhile President Bush said that he was pleased with the Supreme Court's decision to uphold the "sanctity" of human life. "The Supreme Court's decision is an affirmation of the progress we have made over the past six years in protecting human dignity and upholding the sanctity of life. We will continue to work for the day when every child is welcomed in life and protected in law", he added.
