Bench Memos

NRO’s home for judicial news and analysis.

Partial-Birth Abortion Ruling


AP is reporting that the Supreme Court has upheld the federal law banning partial-birth abortion.  I will provide a more detailed account after I have received the opinion.

Update:  Here’s Lyle Denniston’s initial report:

Dividing 5-4, the Supreme Court on Wednesday gave a sweeping victory to the federal government and to other opponents of abortion, upholding the 1993 law that banned what are often called “partial-birth abortions.” Justice Anthony M. Kennedy wrote for the majority in the first-ever decision by the Court to uphold a total ban on a specific abortion procedure.

This report is erroneous in at least two respects:  The law is from 2003, not 1993, and it’s not a “total ban”.  I hope the remainder is correct.


Tags: Whelan


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