For the first time since Roe v. Wade, The United States Supreme Court in a 5-4 decision upheld a ban on a particular abortion procedure and sanctioned Federal legislation which did not consider the health of the pregnant woman.

With the addition of Justices Alito and Roberts, and the loss of Justice Sandra Day O’Connor, the Court narrowly approved, on largely predictable ideological bases, the Partial Birth Abortion Ban Act of 2003 passed by the same Congress which also blocked stem cell research and interfered in the matter of Terry Schiavo.

For the first time, a specific procedure has been banned. The court disregarded the opinions of leading physicians and the American College of Obstetricians and Gynecologists which says the ban is harmful to women’s health and interferes with the a doctor’s medical judgement to be exercised in the best interest of a patient.

Justice Kennedy’s majority opinion is wide ranging and runs contrary to the earlier holdings of the Supreme Court and six lower courts in their disapproval of the Act.

Eleanor Eisenberg, Executive Director of NARAL Pro-Choice Arizona, said "The holding of the Court today is an affront to the Constitutional right of women and sanctions disregard for women’s health. It comes from an ideological basis in the process of selecting Supreme Court Justices and should raise an alarm as we look toward the next Presidential election. However, it is also important to note that the decision does not impact most abortions, even late term abortions, and, while we expect a number of anti-choice states to react with anti-choice legislation, we at NARAL will continue to advocate for women’s health and reproductive rights."

Contact: Eleanor Eisenberg, Executive Director

602-291-1541