2006
Supreme Court Agrees to Hear Partial Birth Abortion Case
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Press release from American Family Association
Tupelo, MS - The United States Supreme Court agreed today to hear the case of Gonzales v. Carhart, which presents the question of the constitutionality of the federal partial birth abortion ban. It thus presents the first opportunity for the new Roberts Court to address the issue and is Justice Samuel Alito’s first chance to vote on such a case.
“We intend to file a friend-of-the-court brief and are hopeful that the Roberts Court will uphold the right of Congress to enact legislation outlawing this hideous practice,” said Stephen Crampton, Chief Counsel for the AFA Center for Law & Policy (CLP). The CLP co-authored a brief in the last partial birth abortion case, Stenberg v. Carhart, in which the Court struck the Nebraska statute banning the procedure, 5-4.
Brian Fahling, Senior Trial Attorney for the CLP, said, “This procedure constitutes nothing less than infanticide. We look forward to the new court’s consideration of the case and fully expect a victory for the cause of the unborn.”
Carhart is one of three cases in which a federal appeals court has ruled the federal ban unconstitutional. The other cases arose in California and New York.
Pro-abortion groups have expressed concern over the court’s agreement to hear the case. Planned Parenthood Federation of America, for example, commented on the importance of elections, referring to George W. Bush’s election as president and his subsequent appointment of conservative justices to the High Court.
The Center for Law & Policy is the legal arm of the American Family Association, Inc. located in Tupelo, Mississippi. The Center restricts its practice to First Amendment issues.
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