From (a Focus on the Family site): Supreme Court Hears Arguments on Partial-Birth Abortion Ban

Supreme Court Hears Arguments on Partial-Birth Abortion Ban

The debate was highly technical, but the justices may be leaning toward upholding the law.

The U.S. Supreme Court heard oral arguments today concerning the partial-birth abortion ban that Congress passed in 2003.

Pro-abortion attorneys said they hoped the court would follow the lead of its 2000 Stenberg v. Carhart ruling that struck down Nebraska’s partial-birth abortion ban.

“Only six years ago, the Supreme Court struck down a nearly identical ban because it endangered women,” American Civil Liberties Union lawyer Louise Melling said today.

But pro-family legal experts say the court is not the same panel that ruled on Nebraska’s ban, and they are hopeful it may reach a different conclusion on the federal law, which Congress specifically crafted to comply with that earlier ruling.

Chief Justice John Roberts and Justice Samuel Alito have since come onto the court. Alito replaced Justice Sandra Day O’Connor, who sided with the majority in the Nebraska case.

Jay Sekulow, chief counsel of the American Center for Law and Justice, said Justice Anthony Kennedy is likely to be the swing vote this time. Sekulow was in the courtroom for today’s arguments.

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