"We at CRLP, and no doubt all pro-choice advocates, are cautiously
heartened by the Supreme Court's decision today to take our case
challenging Nebraska's "partial-birth
abortion" ban. Given the split in the Seventh and Eighth circuit
courts, a High Court remedy is needed to clarify the extent to which
states can stop abortions. The broad constitutional questions presented to
the Supreme Court by Nebraska make clear that after 27 years, the scope of
Roe v Wade is up for review.
"Whatever decision the Court eventually makes, this case will be our
roadmap for women's reproductive choice in the 21st century. With this
step, we all hope for and will continue to work toward, a positive route
that ensures women's constitutional right to choose.
"This is NOT a test about the issue of abortions late in pregnancy. The
Eighth Circuit opinion under review is explicitly limited to the statute's
impact on pre-viability abortions. The vague wording of the Nebraska
"partial-birth abortion" ban actually outlaws the safest and most common
procedures used to perform abortions in this country. It is a test whose
outcome will either affirm or deny the right of half the country's
population to keep legislators, religious groups and those who "know
better" out of women's private, medical decisions. We are confident the
result will be an affirmation of what was recognized and respected 27
years ago - the ability, and therefore the right of a woman to choose.
"Since Roe v Wade, the law of the land has been that states cannot ban
abortions and cannot interfere with a woman's right to make decisions
regarding her body. While the strength of that constitutional protection
has been weakened over time, the important point is, choice still exists.
We will do all we can to keep it that way."
