Miscarriage of Justice

The federal "partial-birth" abortion ban has grave implications for all pregnant women, not only those seeking to end pregnancies.

By Lynn M. Paltrow
Web Exclusive: 04.19.07

Yesterday the U.S. Supreme Court upheld the first federal law that bans an abortion procedure for all women and all doctors in all states. By holding that Congress's interest in "preserving and promoting fetal life" trumps both scientific evidence and the health of pregnant women, the newly reconfigured Supreme Court overturned the opinions of three lower federal courts and its own precedent. While Justice Kennedy, who wrote the majority opinion, claims that the "act expresses respect for the dignity of human life," the decision expressly devalues the women who give that life.

Perhaps in the only good news that can be culled from the opinion, it constitutes the death knell of one of the anti-choice movement's favorite political ruses. For years the anti-abortion movement has argued that Roe v. Wade was wrongly decided, in part, because it federalized abortion and took power away from individual states to decide how to address the abortion issue. In this way, anti-choice activists implicitly reassured the public that even if Roe were overturned, abortion would undoubtedly remain legal at least in states like California, New York, and Washington.