High Court Hears Partial-Birth Abortion Cases, Kennedy Says Women “Might be in Serious Trouble”

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The day after what would have been the nation’s most restrictive abortion ban was defeated by voters in South Dakota the U.S. Supreme Court heard arguments in two cases involving challenges to the 2003 federal ban on so-called partial-birth abortion. With four conservative justices certainly against and four liberal ones for the decision seems to ride on Justice Anthony Kennedy who sits in the center of the court on abortion issues.

Today the court heard two hours of arguments full of exacting, graphic descriptions of abortion procedures and according to reports, throughout the session Kennedy appeared troubled by the potential implications of the law. Would it leave few legal alternatives in cases in which a pregnancy threatens a woman’s life? How frequently is a late-term procedure medically necessary? Would doctors be held criminally liable for performing emergency late-term abortions when they had no other choice? Kennedy pressed both sides in the case on those questions, and hinted that he thinks the federal law may be too restrictive, saying:

If a woman in need of a lifesaving, late-term abortion were to rely on a court’s quick action, she might be in serious trouble. I don’t know if you could just go to a district judge and say, `I need an order.’ The judge would take – would have to take – many hours to understand that.

The government says the law survives constitutional scrutiny because of Congress’ fact-finding and its interest in preventing “infanticide,” a word that came up several times during the hearings.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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