Justice Department Files Partial-Birth Abortion Case at Supreme Court

Late on Friday afternoon, the United States Department of Justice filed a petition for certiorari before the Supreme Court of the United States asking the Court to hear a case involving the Partial-Birth Abortion Ban Act that was passed by Congress several years ago. Our Office of Governmental Affairs in Washington, DC, is already working with members of the House and Senate who actually drafted the legislation; and we will be filing a brief to the Supreme Court of the United States on behalf of those members of Congress. We will assert that the Supreme Court should hear the case because the Eighth Circuit declared an act of Congress unconstitutional.

This will prove to be a monumental term at the Supreme Court of the United States concerning the life issue. The Court already has several major cases involving parental notification for abortion, abortion protest and the application of RICO, and the Oregon assisted-suicide case. This is indeed a critical time at the Supreme Court. I am hoping the Supreme Court will take the partial-birth abortion case because it is clear that the government does have a vital and compelling interest in preventing the spread of the practice of abortion into infanticide. It is time for the Supreme Court to put an end to this abhorrent practice once and for all.

Of course, with the confirmation of John Roberts as Chief Justice of the United States expected any day, the focus is now on the next nominee whom President Bush will select to replace retiring Justice Sandra Day OConnor. This is a decisive vote because it involves the swing vote on so many of the critical cases, including those involving religious liberty and abortion. The timing of the appointment underscores the importance of naming a Justice who will uphold the rule of law and the Constitutionnot legislate from the bench. We know the President will do exactly as he said he would.