Partial-Birth Abortion Cases Head to Supreme Court

Within a couple of hours of Sam Alitos confirmation to the Supreme Court of the United States, both the Second and Ninth Circuit Courts of Appeal ruled in the partial-birth abortion cases.  Both courts held that Congresss statute was unconstitutional.  The statute was passed with bipartisan support banning the procedure known as partial-birth abortion.  The courts felt that they were bound by the Supreme Courts Stenberg decision.  Stenberg was a 5-4 case in which Justice OConnor proved to be the vital swing vote.  Now with Justice OConnors retirement and Justice Alitos position on this issue, I am optimistic that we will carry the day in this important battle.  

This makes for a timely and significant challenge before the Supreme Court.  First, we will now have three cases involving this issue at the Supreme Court.  It is quite possible that the Court will consolidate all three cases.  Secondly, I had the privilege of working with the Justice Department and trying the case involving partial-birth abortion at the Second Circuit Court of Appeals.  Although the court in the Second Circuit ruled against our position, they noted the gruesome and barbaric nature of the procedure.  Again, they felt they were bound by Supreme Court precedent.  Third, we are going to play a unique role in that we will be representing members of Congress who actually drafted the legislation.  The House and Senate members have a vested interest to see their legislation deemed constitutional. 

In the days ahead, there will be an intense briefing period.  I have already instructed our litigation staff to start reviewing the thousands of pages of court transcripts in order to prepare a brief urging the Court to hear the case.  In this brief, we plan to outline all of the important facts and significant developments in this area of the law. 

This will be the first major abortion case the Court takes with Justice Alito in place.  I am optimistic that we will see a victory.  These next months promise to be challenging as we get everything ready for Court, but they are vital in preserving the lives of the unborn and protecting our country.