The Partial Birth Abortion Ban

Abortion is one of my least favorite subject, if not my very least. Partial birth abortion is grotesque and, in my opinion, infanticide. The baby is already 70% out of the birth canal when the skull is pierced and collapsed, so saving the life of the mother doesn’t seem like an issue. Also, one of the other justifications — that the baby is horribly deformed — doesn’t hold because that can be known months in advance using modern technology. Even the AMA seems to think it is medically unnecessary at that late stage.

Having said that, the law passed today is unconstitutional for the same reason as the Violence Against Women Act: it has nothing to do with interstate commerce and represents additional abuse of that clause. If partial birth abortion is to be banned it should be done at the state level.

The Professor has written an opinion, along with a colleague, that argues essentially the same thing. As much as the procedure disgusts me, being a cafeteria constitutionalist doesn’t serve this country or the rights of its citizens — even those of the unborn. I have this same difficulty with the death penalty. I think it’s wrong and immoral, but it is constitutional and any SCOTUS finding to the contrary would be wrong as I see it. The way to defeat it, as well as partial birth abortion, is at the state level.

In the past couple of years SCOTUS overturned a state ban on partial birth abortion and that is what needs to be fixed. It is within the purview of the states to make these kinds of determinations and we need justices who recognize that.

For other views go here, here, here, here, here, here and here.

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