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Related sites 7th U.S. Circuit Court of Appeals rulings National Right to Life Committee Center for Reproductive Law and Policy
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Circuit court upholds 'partial-birth' abortion bans
Posted
11-8-99 Chicago. Further confusing the abortion debate, the 7th U. S. Circuit Court of Appeals late last month upheld the constitutionality of Illinois and Wisconsin laws that ban the "partial-birth" form of late-term abortion. In a 5-4 vote, the court found that the language in the Wisconsin and Illinois laws was precise enough that state courts could interpret the laws in ways that would not forbid other common and legal methods of abortion. The Wisconsin ban is one of the strictest in the nation, with a possible penalty of mandatory life imprisonment for physicians who perform the abortions. In earlier cases, the 6th and 8th Circuit Courts both found the laws banning the procedure to be unconstitutional. In September, the 8th Circuit Court found similar laws to be so vague and broadly written that they could potentially cover all abortions. Thirty states have passed similar legislation, but courts have blocked or limited enforcement in 20 of the states. Some women's health advocates are concerned about court interference in medical decision making. "The position of our organization," said Susan Wysocki, NP, RN, president and CEO of the National Association of Nurse Practitioners in Women's Health, "is that medical decisions should be left to medical practitioners and not to the legislature and the courts." Others disagree. "The process of dismemberment of that child is in contrast with everything I stand for as a nurse," said Mary Thompson, MSN, RN, director of the Nurses Christian Fellowship. What everyone does agrees on, however, is that this ruling all but ensures that the issue will be taken up by the Supreme Court because of the conflicting rulings from the circuit courts. "We think it has set up a definite constitutional crisis and fully expect the issue to go to the Supreme Court, perhaps as early as the spring term," said Margie Kelly, director of communications for the Center for Reproductive Law and Policy.
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