Full question:
Is partial birth abortion legal in the United States?
- Category: Civil Rights
- Date:
- State: Louisiana
Answer:
In a 5-4 decision on April 18, 2007, the U.S. Supreme Court upheld a federal ban on what is known as partial-birth abortion. This ban was established by the Partial-Birth Abortion Ban Act of 2003, which prohibits a procedure where a physician delivers a live fetus only to then perform an act to end its life.
Justice Kennedy, writing for the majority, stated that the Act is not vague and does not impose an undue burden on a woman's right to abortion. In dissent, Justice Ginsburg expressed concern that the ruling allows federal intervention to ban a procedure deemed necessary by the American College of Obstetricians and Gynecologists and lacks a health exception for women.
As a result of this ruling, any physician who performs a partial-birth abortion may face fines and imprisonment of up to two years. This case is known as Gonzales v. Carhart, 05-380.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.