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New Supreme Court Term To Include Consideration Of Challenge To Federal Abortion Ban
The docket for the U.S. Supreme Court term beginning Monday is scheduled to include a Department of Justice appeal to uphold a federal law banning so-called "partial-birth" abortion USA Today reports (Biskupic, USA Today, 9/29). President Bush signed the Partial-Birth Abortion Ban Act (S 3) into law in November 2003, but federal judges in California, Nebraska and New York each issued temporary restraining orders to prevent enforcement of the ban. The decisions were upheld by three-judge panels of the 9th Circuit Court of Appeals in San Francisco, the 2nd Circuit Court of Appeals in New York City and the 8th Circuit Court of Appeals in St. Louis. The restraining orders were issued in response to lawsuits filed by the Planned Parenthood Federation of America, the American Civil Liberties Union on behalf of the National Abortion Federation and the Center for Reproductive Rights on behalf of four abortion providers. Each lawsuit alleged that the law is unconstitutional because of the absence of a health exception. In place of a health exception, the law includes a long "findings" section with medical evidence presented during congressional hearings that, according to supporters of the law, indicates the procedures banned by the law are never medically necessary. The Supreme Court in February agreed to hear oral arguments this fall in Gonzales v. Carhart, which is DOJ's appeal of the 8th Circuit Court panel's ruling. The court in June also said it will hear arguments in the appeal of the 9th Circuit Court panel's ruling, known as Gonzales v. Planned Parenthood. PPFA urged the court to take the 9th Circuit Court appeal because it said the 8th Circuit's ruling was based mainly on the fact that the law lacked a health exception, while the 9th Circuit's decision provided the "most complete available record" on the potential impact of the act. Solicitor General Paul Clement, arguing on behalf of the Bush administration, requested that the court not hear Gonzales v. Planned Parenthood until it ruled on Gonzales v. Carhart (Kaiser Daily Women's Health Policy Report, 6/20). According to the Legal Times, the Supreme Court is scheduled to hear oral arguments in both cases on Nov. 8 (Mauro, Legal Times, 9/29). Arguments, Reaction
According to USA Today, Clement has said the cases represent an important assessment of Congress' power to make policy and findings on an issue. PPFA attorney Eve Gartner said the ban could affect abortions on fetuses of about 12 weeks' to 20 weeks' gestation. Washington, D.C.-based attorney Helgi Walker, a former clerk for Supreme Court Justice Clarence Thomas, said that the court could issue "watershed decisions" but that it might decide the cases on "incremental grounds," which would not significantly change the law (USA Today, 9/29). "One way or another, the outcome of these cases will tell us a great deal about the future direction of the [Chief Justice John] Roberts court," ACLU Legal Director Steven Shapiro said (Vicini, Reuters, 9/28).
NPR's "Talk of the Nation" on Thursday included a discussion of issues the Supreme Court will consider in its upcoming term, including abortion rights. The segment includes comments from Paul Beard, staff attorney at the Pacific Legal Foundation; Tom Goldstein, attorney at Akin Gump; and David Savage, Supreme Court reporter for the Los Angeles Times (Martin, "Talk of the Nation," NPR, 9/28). The complete segment is available online in RealPlayer.
"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.
Noua Curte Suprema termen sã includã luarea în considerare a Challenge Pentru a Federal Avortul Ban - New Supreme Court Term To Include Consideration Of Challenge To Federal Abortion Ban - articole medicale engleza - startsanatate
