(Nota Bene:  The Five Liberals in this Court were Reagan and Bush Appointees.)  

Supreme Court Strikes Down Anti-Abortion Law

June 28, 2000 10:58 am EST

By James Vicini

WASHINGTON (Reuters) - A closely divided U.S. Supreme

Court struck down on Wednesday a law that makes it a

crime for doctors to perform a surgical abortion

procedure, a significant victory for abortion rights

advocates and the Clinton administration.

In its first abortion rights ruling in eight years, the high

court by just a 5-4 vote declared unconstitutional a

Nebraska law that outlaws a procedure that opponents of

abortion call "partial birth abortion."

The decision could have far-reaching impact as some 30

states have nearly identical anti-abortion laws, and

President Clinton has twice vetoed a similar federal ban

approved by the Republican-controlled Congress.

The ruling could shift the battle over the emotional and

divisive abortion issue to the presidential campaign.

Republican George W. Bush has supported bans like the

Nebraska law while Democrat Al Gore has opposed them.

Justice Stephen Breyer said for the majority, on the last

day of the court term, that the law results in an "undue

burden upon a woman's right to make an abortion

decision."

He said the law lacked the required exception allowing an

abortion to preserve the health of the mother. The state

may promote, but not endanger a woman's health when it

regulates methods of abortion, Breyer said.

The last ruling on abortion occurred in 1992, when the

Supreme Court reaffirmed the core holding of its landmark

1973 Roe vs. Wade decision that women have a basic

constitutional right to end a pregnancy.

Nebraska argued the law only applied to the seldom-used

abortion method called "dilation and extraction," which

involves partially extracting a fetus, legs first, through

the birth canal, cutting the skull and draining its

contents.

Nebraska said the law -- which itself is unclear -- does

not apply to a more common abortion procedure called

"dilation and evacuation."

The law made it a crime for doctors to perform partial

birth abortions, punishable by up to 20 years in prison.

The law contained no exception for a pregnant woman's

health.

The law defined partial birth abortion as a procedure in

which a person "deliberately and intentionally delivers into

the vagina a living unborn child, or a substantial portion

thereof, for the purpose of performing a procedure" that

the person knows "will kill the unborn child."

The ruling was a victory for an Omaha doctor who

performs abortions and who challenged the law. He was

represented by the New York-based Center for

Reproductive Law and Policy.

Although many people on both sides acknowledge there

really aren't any reliable numbers, supporters of the ban

estimated the procedure has been used about 3,000 to

5,000 times a year in the second and third trimesters of

pregnancy.

Breyer said a U.S. appeals court was correct in striking

down the law on the grounds that the ban amounted to

an undue burden on a woman's right to an abortion.

"All those who perform abortion procedures using that

method (dilation and evacuation) must fear prosecution,

conviction and imprisonment. The result is an undue

burden upon a woman's right to make an abortion

decision," he said.

Breyer was joined by Justices John Paul Stevens, Sandra

Day O'Connor, David Souter and Ruth Bader Ginsburg.

The four dissenters bitterly attacked the majority. Some

dissenters said the 1992 abortion decision was wrong,

while others said states should be allowed to adopt laws

like the one in Nebraska.