Mother's rights
What about an exception for the mother's health or emergency situations?A partial birth abortion destroys the baby during the birthing process. The baby could just as easily be taken from the womb in a living state, be given a very high chance of survival when cared for as a premature baby, and would receive the opportunity to grow into a wonderful person. Removing the baby from the womb for the mother's health and killing that baby during removal are two separate steps.Shouldn't this be a state issue?The partial birth abortion procedure is not used in emergencies. The process takes up to three days to complete. Labor contractions must be induced, the cervix must be dilated, and the mother is given the same attention as in a regular birth. This is in no way an emergency procedure. In true emergencies a baby is taken from the womb very quickly via Cesarean Section, eliminating as much risk as possible to the mother and the baby.
In 1973 the Supreme court overruled Texas law in the highly acclaimed Roe v. Wade case, effectively ending all restrictions on abortions earlier than 13 weeks into the pregnancy.
In 1992 the Supreme court again plowed over states rights on this issue by removing the 13 week limitation and instead placing the requirement upon state law that there be no "undue burden" made upon the pregnant woman seeking an abortion. (Planned Parenthood vs. Casey)
Over 30 states passed laws restricting late term, or third trimester, abortions. With two trimesters of opportunity for abortion, restricting abortion in the third trimester did not seem to be a burden upon women's rights.
The 2000 Supreme Court decision struck down Nebraska's law restricting late term abortions, effectively nulling all remaining state restrictions of late term abortion.
The states have been stripped of their rights on this issue.
In 2003, President Bush signed into law a ban on partial birth abortions. This law was immediately challenged in court and is now making its way through the judicial system.
Our branches of government were set up to balance the power shared between them. Yet on the issue of partial birth abortion the judicial branch refuses to yield to the voices of the voters and the elected state and federal government representatives.
What about Roe v. Wade?
The law, or more appropriately case history, states that a woman has a right to an abortion. But how can you argue that this right extends to killing babies old enough to survive premature labor?
Eliminating late term abortions does not place an undue burden on women. By the time partial birth abortion procedures are used the woman has already had at least five months of opportunity to terminate the pregnancy. All the while the growing baby is becoming more aware of life, music, movement, sight, and... pain.
Roe vs. Wade was only a starting point to where we are today. Partial birth abortion was made legal much more recently by the 1992 Supreme Court ruling of Planned Parenthood vs. Casey. The original 1972 Roe vs. Wade ruling cut off abortions at 13 weeks.
