We ask you, humbly: don't scroll away.
Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.Help Now >
Partial-Birth Abortion and the U.S. Supreme Court, Round 2
FREE Catholic Classes
Interview With Law Professor Teresa Collett
MINNEAPOLIS, Minnesota, OCT. 23, 2006 (Zenit) - In the coming weeks, the U.S. Supreme Court will decide for a second time whether a statutory ban on partial-birth abortion is constitutional. Will a Catholic majority on the bench make a difference?
Teresa Stanton Collett, a professor at the University of St. Thomas School of Law, doesn't think so.
As the author of an amicus brief on the partial-birth abortion case, Collett shared with us how upholding the federal partial-birth abortion ban would affect future legislation, and why the Catholic justices might not be swayed by their personal beliefs.
Q: Once again, the U.S. Supreme Court will consider the constitutionality of a statutory ban on the procedure known as partial-birth abortion. What makes this case different from the Stenberg decision that struck down a similar ban six years ago?
Collett: In Stenberg, a majority of the court found the Nebraska law unconstitutional for two reasons.
First, they believed that the definition of the banned procedure was too broad, including both partial-birth abortion and dismemberment abortion. Dismemberment abortion -- D&E abortion -- is the method of abortion in 95% of the abortions performed at or after 12 weeks of pregnancy.
We ask you, humbly: don't scroll away.
Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.Help Now >
Second, the justices were persuaded that a ban of any abortion method must contain an exception for performance of the procedure when necessary to preserve the woman's health, notwithstanding that that there was no evidence of any health condition that required the use of partial-birth abortion.
In crafting the federal partial-birth abortion ban, Congress did two things.
First, they narrowed the definition of the banned procedure to make it clear that it only applied to partial-birth abortion.
Second, unlike the Nebraska state legislature, they held numerous hearings to determine if there was any health condition that required the use of partial-birth abortion.
Because there was no evidence of any condition that could not be addressed through the use of other abortion techniques, the legislators did not include a health exception. Supporters of the law are optimistic that these changes will result in the court upholding the federal ban.
Q: What effect would upholding the federal partial-birth abortion ban have on future abortion legislation? Would it give more latitude to Congress and the states to craft more substantive restrictions on abortion?
Collett: Whether upholding the federal ban would allow legislatures to regulate abortion more extensively depends on how and why the court upholds the ban. If it is upheld due to Congress' ability to regulate businesses that effect interstate commerce, this could have little impact on states' ability to legislate in this area.
However, a ruling could have significant impact if the law is upheld because the state's interest in protecting the unborn in the second half of pregnancy outweighs a woman's right to end the pregnancy absent a life-threatening condition.
It would have an even larger impact if the law was upheld on the basis that abortion providers cannot attack an abortion law on the basis of hypothetical cases before the law has been applied to them.
Q: One criticism of the ban was that it was a waste of time and resources because it will not actually save one child from being aborted. What practical or symbolic value do you think such legislation holds?
Collett: The federal partial-birth abortion ban has both significant practical and symbolic value. The practical value is twofold.
First, it is the first national abortion regulation that pro-life forces have passed since the restriction of federal funding for abortion.
Second, while it is true that the law does not directly save one child's life, it has established even the most extreme abortion measures.
It is clear that the national debate on this topic has moved many citizens to the pro-life side, or at least away from the "pro-choice in all circumstances" position. It also has made the issue of whether the unborn feel pain during an abortion a topic of national conversation. These are good things.
Q: One important principle of Catholic social teaching is subsidiarity. Many abortion opponents adhere to a similar principle at work in the American system of government known as federalism, and are troubled by expansive congressional regulation of a subject matter traditionally left to the states. Is there a hidden danger of using the federal government's power to regulate abortion?
Collett: Our opponents have been only too happy to use federal power to squash debate on abortion. Consider the federal Free Access to Clinic Entrances Act -- the FACE law -- that requires the imprisonment of those who pray the rosary too close to an abortion clinic.
Abortion, like slavery, infects the whole of any society that permits it. The protection of innocent life is a principle that should not depend on geographic location, but rather should be an organizing principle of our communal life.
Q: The use of international law in the constitutional decisions of the U.S. Supreme Court has been on the rise. Do you see the court looking to the abortion laws of other nations, most of which have far more restrictive abortion laws than the United States?
Collett: The partial-birth abortion procedure is not used in other Western European nations, so members of the court who want to find the law unconstitutional will be hard pressed to use international law to justify finding that it is unconstitutional under the American Constitution.
Q: What difference will a Catholic majority on the Court make on abortion-related jurisprudence?
Collett: Sadly, probably very little since most lawyers are taught that their role as lawyers and judges must trump any moral values they hold. Justice Antonin Scalia has an essay defending this view on the First Things Web site.
There is nothing to indicate that Justices John Roberts and Samuel Alito see the issue of whether the court should retain the unjust interpretation of Roe v. Wade any differently because they are Catholics.
Contact
Catholic Online
https://www.catholic.org
CA, US
Catholic Online - Publisher, 661 869-1000
info@yourcatholicvoice.org
Keywords
Abortion, Life, Collett, Partial-birth, Court
More Catholic PRWire
Showing 1 - 50 of 4,716
A Recession Antidote
Randy Hain
Monaco & The Vatican: Monaco's Grace Kelly Exhibit to Rome--A Review of Monegasque-Holy See Diplomatic History
Dna. Maria St. Catherine Sharpe, t.o.s.m., T.O.SS.T.
The Why of Jesus' Death: A Pauline Perspective
Jerom Paul
A Royal Betrayal: Catholic Monaco Liberalizes Abortion
Dna. Maria St.Catherine De Grace Sharpe, t.o.s.m., T.O.SS.T.
Embrace every moment as sacred time
Mary Regina Morrell
My Dad
JoMarie Grinkiewicz
Letting go is simple wisdom with divine potential
Mary Regina Morrell
Father Lombardi's Address on Catholic Media
Catholic Online
Pope's Words to Pontifical Latin American College
Catholic Online
Prelate: Genetics Needs a Conscience
Catholic Online
State Aid for Catholic Schools: Help or Hindrance?
Catholic Online
Scorsese Planning Movie on Japanese Martyrs
Catholic Online
2 Nuns Kidnapped in Kenya Set Free
Catholic Online
Holy See-Israel Negotiation Moves Forward
Catholic Online
Franchising to Evangelize
Catholic Online
Catholics Decry Anti-Christianity in Israel
Catholic Online
Pope and Gordon Brown Meet About Development Aid
Catholic Online
Pontiff Backs Latin America's Continental Mission
Catholic Online
Cardinal Warns Against Anti-Catholic Education
Catholic Online
Full Circle
Robert Gieb
Three words to a deeper faith
Paul Sposite
Relections for Lent 2009
chris anthony
Wisdom lies beyond the surface of life
Mary Regina Morrell
World Food Program Director on Lent
Catholic Online
Moral Clarity
DAN SHEA
Pope's Lenten Message for 2009
Catholic Online
A Prayer for Monaco: Remembering the Faith Legacy of Prince Rainier III & Princess Grace and Contemplating the Moral Challenges of Prince Albert II
Dna. Maria St. Catherine Sharpe
Keeping a Lid on Permissiveness
Sally Connolly
Glimpse of Me
Sarah Reinhard
The 3 stages of life
Michele Szekely
Sex and the Married Woman
Cheryl Dickow
A Catholic Woman Returns to the Church
Cheryl Dickow
Modernity & Morality
Dan Shea
Just a Minute
Sarah Reinhard
Catholic identity ... triumphant reemergence!
Hugh McNichol
Edging God Out
Paul Sposite
Burying a St. Joseph Statue
Cheryl Dickow
George Bush Speaks on Papal Visit
Catholic Online
Sometimes moving forward means moving the canoe
Mary Regina Morrell
Action Changes Things: Teaching our Kids about Community Service
Lisa Hendey
Easter... A Way of Life
Paul Spoisite
Papal initiative...peace and harmony!
Hugh McNichol
Proclaim the mysteries of the Resurrection!
Hugh McNichol
Jerusalem Patriarch's Easter Message
Catholic Online
Good Friday Sermon of Father Cantalamessa
Catholic Online
Papal Address at the End of the Way of the Cross
Catholic Online
Cardinal Zen's Meditations for Via Crucis
Catholic Online
Interview With Vatican Aide on Jewish-Catholic Relations
Catholic Online
Pope Benedict XVI On the Easter Triduum
Catholic Online
Holy Saturday...anticipation!
Hugh McNichol