Press Release from Congressman David Weldon

June 28, 2000

Supreme Court Rejects Nebraska Partial Birth Abortion Law
5-4 Decision Will Not Deter Weldon, Congress

WASHINGTON. DC -- Yesterday the Supreme Court handed down its decision on Stenberg v. Carhart, which discussed Nebraska’s Partial Birth Abortion ban. The Supreme Court voted 5-4 to strike down the law, meaning that women in Nebraska can once again freely use the practice of partial-birth abortion to end their pregnancies.

Rep. Dave Weldon (R-Palm Bay) said, “The Supreme Court has sanctioned a new low for morality in this country. Once again, using extreme judicial activism, it struck down a state law and ignored government’s duty to protect innocent human life. Supreme Court Justice Scalia, in his dissent to the majority’s opinion, stated that ‘today’s decision will be greeted by a firestorm of criticism—as well it should ... this is no more than a democratic vote by nine unelected lawyers, to create this policy-judgement-couched-as-law.’”

“As a physician, I understand this procedure of partial-birth abortion and what it does to the child,” Weldon continued. “The child is actually half-way out of the mother, when the doctor sticks the baby’s skull and sucks out the baby’s brains. If it sounds repulsive, that’s because it is. To think anything else is to deceive yourself.”

Weldon continued by saying, “This decision does not deter me or those of us who know an injustice when they see it. Chairman Hyde has already assured me that in his opinion, ‘this really doesn’t settle much. It’s hardly a ringing endorsement for partial birth abortion.’ The Chairman also said that our bill banning partial birth abortion will continue to go forward. ‘We have to keep trying to give the court a chance to get it right,’ he said. I told the Chairman that he has my full support.”

“In his dissent, Justice Scalia opined ‘The notion that the Constitution of the United States, designed...’to establish Justice, insure domestic Tranquility, . . .and secure the Blessings of Liberty to ourselves and our Posterity,’ prohibits the States from simply banning this visibly brutal means of eliminating our half-born posterity is quite absurd.’ Sadly, I concur,” concluded Weldon.

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