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

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


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.

THE TRUTH IS...

what drives Mother Jones' team of 50-plus journalists. The truth is powerful, as evidenced by how hard those with something to hide, or profit to gain, seek to discredit it. The truth, stated boldly and reported meticulously, is what draws so many readers to Mother Jones.

And the truth is, going into the final 4 days of the year we still needed to raise $TK to hit our $350,000 goal and start 2021 on track. It's nerve-wracking, wondering if the big spike we normally see at the end of December is going to be another thing that doesn't go as planned in 2020, or worse, if, now that Donald Trump is set to leave the White House (for longer than a taxpayer-funded golf trip to a property he owns), folks might be pulling back from fighting for the truth and a democracy and think the hard work is done.

It's not, and if you can right now, please consider a year-end donation to support our team's fearless nonprofit journalism so we can close that big fundraising gap and finish the year strong, ready for all that's ahead in 2021. Whether you can give $5 or $500, it all matters in keeping us charging hard, and we'd be grateful.

payment methods

THE TRUTH IS...

what drives Mother Jones' team of 50-plus journalists. The truth is powerful, as evidenced by how hard those with something to hide, or profit to gain, seek to discredit it. The truth, stated boldly and reported meticulously, is what draws so many readers to Mother Jones.

And the truth is, going into the final 4 days of the year we still needed to raise $TK to hit our $350,000 goal and start 2021 on track. It's nerve-wracking, wondering if the big spike we normally see at the end of December is going to be another thing that doesn't go as planned in 2020, or worse, if, now that Donald Trump is set to leave the White House (for longer than a taxpayer-funded golf trip to a property he owns), folks might be pulling back from fighting for the truth and a democracy and think the hard work is done.

It's not, and if you can right now, please consider a year-end donation to support our team's fearless nonprofit journalism so we can close that big fundraising gap and finish the year strong, ready for all that's ahead in 2021. Whether you can give $5 or $500, it all matters in keeping us charging hard, and we'd be grateful.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate