Supreme Court Says Roe v. Wade = Partial-Birth Abortion Earley Defends Virginia Law after Challenge

"The U.S. Supreme Court has ruled that Roe v. Wade equals partial-birth abortions," said VSHL spokeswoman Fiona Givens, in response to the 5-4 Supreme Court ruling in Stenberg v. Carhart. On June 28, the sharply divided Court struck down a Nebraska law banning partial-birth abortions, saying that it imposed an "undue burden" on a woman’s constitutional right to an abortion.

Abortion proponents lost no time in challenging the similar Virginia law on partial-birth abortion. Just two days later, Planned Parenthood Advocates of Virginia and a group of abortion providers filed a motion asking the 4th U.S. Circuit Court of Appeals to rescind its September 1999 order allowing enforcement of the Virginia law. Attorney General Mark Earley responded with a brief to the same court arguing that the law should remain in effect, identifying some important distinctions between the Virginia and Nebraska laws. A spokesman for Mr. Earley noted that the brief "reaffirms the attorney general’s commitment to banning partial-birth abortion, which borders on infanticide." The plaintiffs then responded again to the court with their disagreement with Mr. Earley’s position. As we go to press, no decision has yet been handed down regarding the Virginia law.

Dissents by the minority judges of the Supreme Court were particularly sharp. "Today’s decision that the Constitution of the United States prevents the prohibition of a horrible mode of abortion, will be greeted by a firestorm of criticism -- as well it should," wrote Justice Antonin Scalia. Justice Clarence Thomas described in excruciating detail the horrible procedure, noting that the "fetus is ... dangling partly out of the woman’s body, and just a few inches from a completed birth" when the "physician" penetrates the skull with an instrument and "will then either crush the skull and will use a vacuum to remove the brain ..." Justice Thomas made sure that history would record exactly what the Court majority ruled was a "constitutional right."

"The vast majority of Americans, both those who favor abortion and those who do not, oppose partial-birth abortion and will agree that Roe v. Wade has gone too far and must be changed," predicted Mrs. Givens.

Coming the day before the National Right to Life Convention began in Arlington, the decision became the number one topic of discussion at the convention. Keynote speaker Deal Hudson, editor of Crisis magazine, said that, if only the Court majority and other abortion advocates would "see the child before them," they would see the need to protect the child. NRLC President Wanda Franz briefly described the partial-birth abortion procedure and said, "This is utterly barbaric, yet it is legal. And the Supreme Court says it is so in Roe. But we say, Roe must go." Many speakers began referring to partial-birth abortions as "live-birth abortions," since the baby is living up to the point when the abortionist penetrates the skull and kills the child.

Noting the election year, Dr. Franz said, "Vice President Gore has opposed the bills to ban partial-birth abortion. In contrast, Governor George W. Bush believes partial-birth abortion should be banned."

The Presidential candidates themselves were quick to comment on the decision. "I want to express to you how disappointed I am that the Supreme Court this morning by a narrow margin overturned the people of Nebraska’s decision to ban partial-birth abortions," said Texas Governor George W. Bush within hours of the decision being handed down. "And, unlike Al Gore, I pledge to fight for a ban on partial-birth abortion."

Meanwhile, Vice President Al Gore said that the "razor-thin" majority in the decision shows what is at stake for women in the presidential election. He explained, "Now here’s the point: The next president will nominate at least three and probably four - perhaps four - justices to the Supreme Court." Noting the 5-4 decision on partial-birth abortion in which Justices Scalia and Thomas dissented, he explained that Governor Bush has cited these two justices as his models for future nominations. November’s ballot, therefore, will not only decide the presidency and congressional races but also "the future of the Supreme Court, and that, in turn, will decide whether or not we keep a woman’s right to choose or see it taken away," said Mr. Gore.

Virginia Senate Candidate George Allen commented, "On the issue of partial birth abortion, I stand with the American Medical Association, the majority of Virginians, and indeed the majority of Americans who want this gruesome procedure to end. Partial birth abortion is performed late in the pregnancy. It is not medically justifiable, and it is barbaric." Former Governor Allen is running against incumbent Senator Chuck Robb who has consistently voted against banning partial-birth abortions.

Published in VSHL Lifesaver, August 2000