Supreme Court Will Hear Partial-Birth Abortion Case

By 

Jay Sekulow

|
June 25, 2011

2 min read

Pro Life

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This morning, the Supreme Court of the United States issued its Order in the Eighth Circuit Court of Appeals partial-birth abortion case.  The Court has agreed to hear this monumental case!  This will be the first time in over five years that the Court has addressed the issue of partial-birth abortion.  The Court in 2000 held by a 5-4 vote that the ban on partial-birth abortion was unconstitutional.  The swing-vote in that case was Sandra Day OConnor, who has now resigned and been replaced by Justice Samuel Alito. 

 

The judicial line-up in the last partial-birth abortion case had the late Chief Justice William Rehnquist, Justice Scalia, Thomas and Kennedy in the dissenting position.  They would have each held the Partial-Birth Abortion Ban Act constitutional.  With Justice OConnor being replaced, I am optimistic that we will carry the day on this important issue.  I have already assembled a senior team here at the American Center for Law and Justice, and we have been reviewing the trial transcripts and briefs in order to move this case towards a victory. 

 

I want everyone to understand the significance of what is at stake here.  This could well be the first time in almost 20 years that the Supreme Court will uphold a restriction on a substantive abortion procedure.  The pro-abortion groups are mobilizing as never before, and we are doing the same thing here at the ACLJ.  Our Office of Governmental Affairs is contacting members of the United States Senate and House in order to represent them before the Supreme Court.  It is, after all, the Congressional legislation that has been declared unconstitutional here.  We will be representing our own members of the American Center for Law and Justice as well. 

 

We have put together a Committee to Protect the Ban on Partial-Birth Abortion, and we encourage you to join this effort.  We want hundreds of thousands of our members to be part of this historic Supreme Court brief.  Simply click here to add your name to this important endeavor. 

 

I will keep you posted over the next several days as the strategy begins and as we get dates for the arguments and due dates for the briefs.  Again, this is the most significant case the Supreme Court has taken on the issue of abortion since 1992.