Liberty Counsel, Nurse and Doctors Ask Supreme Court to Ban Partial-Birth Abortion

Aug 3, 2006

Washington, D.C. - Liberty Counsel filed a brief today with the United States Supreme Court in support of the Partial Birth Abortion Ban Act of 2003 ("Act"). In its brief, Liberty Counsel argues that the Act properly sends the message that "When a physician intentionally replaces his lab coat with an executioner's robe in the course of delivering a child, then he should be subject to criminal sanctions."

The Act prohibits a physician from knowingly performing a "partial-birth abortion." While termed a "partial-birth abortion," the procedure is actually infanticide in that a baby is brutally killed during the birth process, just a few inches away from birth with only its head inside the mother. The Act has a life but not a health exception, because Congress found that "partial-birth abortion is never medically indicated to preserve the health of the mother."

Liberty Counsel filed its amicus brief in the case of Gonzales v. Planned Parenthood Federation of America, Inc., on behalf of the Association of Pro-Life Physicians, and Illinois nurse Jill Stanek (who offered riveting testimony before Congress considering the Born Alive Infant Protection Act about watching babies born alive and then being left to die).

The Ninth Circuit ruling in the Planned Parenthood case is the second Partial Birth Abortion case taken up by the Supreme Court this year. Earlier this year, Liberty Counsel filed an amicus brief in the Eighth Circuit case known as Gonzales v. Carhart, which involved Nebraska abortionist Leroy Carhart. Both courts of appeal struck down the Act because it does not contain a health exception. However, the ruling in the Ninth Circuit was much broader, finding that the language in the Act was vague and imposed a "substantial burden" on a woman's "right" to obtain an abortion. The Ninth Circuit also ruled that no part of the Act could be salvaged by the court, and thus struck down the law in its entirety.

Anita Staver, President of Liberty Counsel commented: "Partial-birth abortion is really nothing less than brutal infanticide where late-term babies are stabbed in the base of the neck, their brains suctioned out, and their bodies disposed of like trash. Women and babies must be protected from the barbaric butchery of partial-birth abortion. Partial-birth abortion is never necessary to protect a woman's health. Doctors are obligated to preserve and protect life, not to destroy it."

More Information About Partial-Birth Abortion

Liberty Counsel's brief is posted on our web site in pdf format. You will need a free software, Adobe Reader to open the brief.

You can read more about the Partial-Birth Abortion Ban Act and on our web site on the "Abortion" link on the left side of the homepage.

Join with us to protect the sanctity of human life. Make a tax-deductible online gift to Liberty Counsel today.

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