With the U.S. Supreme Court poised to take
up the Nebraska "partial-birth
abortion" case as early as today, the Center for Reproductive Law and
Policy (CRLP) petitioned the Court to reverse the decision upholding
Wisconsin's "partial-birth abortion" ban. The Wisconsin ban, the harshest
in the nation, subjecting abortion providers to mandatory life
imprisonment, was upheld by the Seventh Circuit Court of Appeals, creating
a sharp split between the circuit courts on the constitutionality of the
similarly-worded abortion bans.
CRLP charges the ban violates Roe v. Wade and other Supreme Court
precedents that guarantee a woman's right to choose safe and legal
abortion, and must therefore be struck down. "Roe v. Wade and
'partial-birth abortion' bans cannot coexist under our system of law based
on individual freedoms. What's at stake in this case is nothing less than
the continued vitality of the right to make decisions free from
unwarranted government interference," said Simon Heller, Director of
Litigation for CRLP, a legal advocacy organization representing two
Wisconsin abortion providers in the case Christensen v. Doyle.
In the petition filed today, CRLP argues the "partial-birth abortion"
cases raise significant constitutional issues that warrant Supreme Court
review. Writing that the Wisconsin statute "which purports to regulate
procedures it refers to as 'partial-birth abortions' actually describes in
lay terms the steps physicians take during abortions by all safe, common
abortion methods," CRLP asserts the consequence of the law is that
"Wisconsin abortion providers will have to cease providing abortions or
alter their procedures in ways that would pose unnecessary risks to
pregnant women's health."
CRLP contends the Wisconsin case was wrongly decided. The Seventh
Circuit's decision violated Supreme Court precedent by upholding a
restriction that lacked a health exception for the woman, recognizing a
new state interest in "morality" as a justification to ban abortion, and
failing to strike down a restriction that extends to other
constitutionally protected procedures.
The split in the circuit courts has prompted petitions to the Supreme
Court in four cases from Illinois, Iowa, Nebraska, and Wisconsin. The
Eighth Circuit struck down the Iowa and Nebraska statutes in September,
1999, and the Seventh Circuit upheld modified versions of the Wisconsin
and Illinois statutes in October, 1999. Supreme Court Justice John Paul
Stevens issued a stay blocking the Seventh Circuit's decision on November
30, 1999, pending review by the full Supreme Court. If the Court refuses
to hear the cases, the statutes would take effect immediately.
"Partial-birth abortion" is a term concocted by abortion opponents that
is unknown to the medical profession. Supporters talk publicly about
stopping one particular medical procedure, however the laws have been
written with sweeping language that could make virtually all abortions
illegal. Passed in 30 states, the bans have been blocked or severely
limited by courts in 20 of the 21 states where challenged.
