For Immediate Release:
June 28, 2000
Contact: Margot Friedman or Maricka Oglesby at
202-588-5180
"Despite today's decision, a woman's
right to choose is still in danger"
SUPREME COURT STRIKES DOWN OVERBROAD AND MISLEADING
"PARTIAL BIRTH" ABORTION BAN
Marcia Greenberger, Co-President of the
National Women's Law Center, praised the U.S. Supreme Court's
decision in Stenberg v. Carhart today, which overturned Nebraska's so-called
"partial birth" abortion ban. The National Women's Law Center,
together with other organizations committed to protecting a women's
right to make decisions about her health and safety, filed a
friend-of-the-court brief in the case.
"This so-called
'partial birth' abortion ban was a direct assault on Roe v.
Wade
and the Supreme Court was right to reject it.Americans support
Roe because they don't want the government or politicians
interfering in this most private and personal decision," said
Greenberger.
"Despite today's decision, a woman's right to
choose is still in danger. With potential vacancies on the
Supreme Court widely predicted, the next president will determine
whether the Court maintains a pro-choice majority, which, as this 5
to 4 decision demonstrates, is currently razor-slim. Women
need to be alert to the importance of the Court to their lives and
their health," Greenberger added.
Greenberger explained that the
Nebraska law was overbroad and misleading because, while its
supporters claimed that it banned only abortions very late in
pregnancy, the law was vague enough to outlaw a wide range of
procedures needed much earlier in a pregnancy to protect a women's
life, health and future ability to bear children. Because the
term "partial birth" abortion does not exist in any medical
literature, there are no accepted medical or legal guidelines to
help doctors determine which procedures fall within such a laws ban.
As a result, many doctors will not risk performing safe and
legal abortions for fear that they could be considered "partial
birth" abortions and other physicians who are willing to take the
risk may be exposed to criminal liability without justification.
Since 1995, 31 states have enacted statutes
similar to Nebraska's. The bans in 21 states have been
partially or fully enjoined by the courts and attorneys general.
The National Women's Law Center is a non-profit organization
that has been working since 1972 to advance and protect women's
legal rights. The Center participates in litigation, including
Supreme Court cases, and public policy debates focusing on issues of
importance to women and their families, including economic security,
education, employment and health, with special attention given to
the concerns of low-income women. Protecting a woman's right
to choose in Stenberg v. Carhart and other cases is a priority for the Center.
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