WHAT THE COURT DECIDED

There seems to be all sorts of mis- or disinformation about the Supreme Court's decision on partial-birth abortion. In fact, the decision places few restrictions on the procedure.

From the Majority Opinion:

The operative provisions of the Act provide in relevant part:

“(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

“(d)(1) A defendant accused of an offense under this section may seek a hearing before the State Medical Board on whether the physician’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.


The Act prohibits intact D&E; and, not withstanding respondents’ arguments, it does not prohibit the D&E procedure in which the fetus is removed in parts.

If the doctor intends to remove the fetus in parts from the outset, the doctor will not have the requisite intent to incur criminal liability.

In addition, we have this from the Summary:

...if intact D&E is truly necessary in some circumstances, a prior injection to kill the fetus allows a doctor to perform the procedure, given that the Act’s prohibition only applies to the delivery of “a living fetus,” 18 U. S. C.§1531(b)(1)(A).