And here we go...

by shamanic

Updated below

SCOTUS finds Partial Birth Abortion Ban constitutional!

Better coverage at SCOTUSblog, which explains:

The Court said that it was upholding the law as written -- that is, its facial language. It said that the lawsuits challenging the law faciallly should not have been allowed in court "in the first instance." The proper way to make a challenge, if an abortion ban is claimed to harm a woman's right to abortion, is through an as-applied claim, Kennedy wrote. His opinion said that courts could consider such claims "in discrete and well-defined instances" where "a condition has or is likely to occur in which the procedure prohibited by the Act must be used."

Kennedy said the Court was assuming that the federal ban would be unconstitutional "if it subjected women to significant health risks." He added, however, that "safe medical options are available...The Act allows...a commonly used and generally accepted method, so it does not construct a substantial obstacle to the abortion right." His opinion noted that the Bush Administration "has acknowledged that pre-enforcement, as-applied challenges to the Act can be maintained."

The majority said it had not "uncritically" deferred to Congress' factual findings in passing the Partial-Birth Abortion Ban Act of 2003 -- including its finding that the banned procedure was never medically necessary. "We do not in the circumstances here place dispositive weight on Congress' findings," Kennedy wrote, adding that the Court also was not accepting the Bush Administration argument that the law could be upheld on the basis of those findings alone. He added: "The Court retains an independent constitutional duty to review factual findings where constitutional rights are at stake."

Grab your hats, kids! The abortion war is about to heat up, which is about the most depressing addition to the '08 race that I can think of.

Anyone else completely fed up with this stupid fight where minds are never changed? This fight has gone on my entire life. I'm quite comfortable with most abortions being legal and wish there were more resources available to reduce the number of abortions performed. I wish the loudmouths on both sides of the argument would shut up.

Update: Volokh Conspiracy has a fascinating comment section wherein readers are beginning to sort out just how long women should be imprisoned for abortion in their happy, abortion-free future.