Should The Supreme Court Uphold The Partial Birth Abortion? Essay

1203 Words Dec 11th, 2015 null Page
Question Presented: Should the Supreme Court uphold the Partial-Birth Abortion Ban Act of 2003, banning partial-birth abortion procedure in all circumstances? Is it, or is it not ever medically necessary, and furthermore against ethical moralities? What court’s decision should be upheld? Is the Partial-Birth Abortion Ban Act of 2003 constitutional?
Short Answer: Yes, the Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 as constitutional. This banned partial-birth abortion procedures in all circumstances, without including a clause for the mother’s health, due to the fact that they deemed it never medically necessary and other abortion procedures could be utilized in place of the partial-birth abortion procedure. This was based on the conclusion that partial-birth abortions were ethically wrong, morally wrong, and did not prove to be a safer procedure for the woman’s health in regards to getting an abortion when compared to other procedures ("Gonzales v. Carhart," n.d.).
Statement of Facts: On November 8, 2006 Gonzalez v. Carhart’s case, docket number 05–380, was heard before the United States Court of Appeals for the Eighth Circuit. The advocates included for the petitioner Paul D. Clement and for the respondent Priscilla J. Smith. The case was brought before the Supreme Court of Appeals concerning the constitutionality of the Partial-Birth Abortion Act of 2003, signed into affect by Bush, the President at the time. Moreover, it was concentrated on the…

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