Chipping Away...Bit by Bit

In case you missed it, the Supreme Court upheld the Partial Birth Abortion Act passed by Congress, signed into law by President Bush in 2003. The outcome overruled several lower court findings that the act was unconstitutional because it did not include language giving the mother the option when her health was in danger. California, Nebraska, and New York had decided similar cases against the act based on precedent of the Supreme Court.

Significance of the case:

• First time the Supreme Court has banned a specific procedure as to how to perform an abortion
• J. Kennedy was the swing vote landing C.J. Roberts, J. Scalia, J. Thomas, and J. Alito in the majority
• The Supreme Court abandoned the "health exception" previously mentioned as a factor for constitutional purposes, showing signs the temperament of the court is changing

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