Another Unconstitutional Ruling on Abortion

Wednesday, September 08, 2004

U.S. District Judge Richard Kopf is the third federal judge to rule the Partial-Birth Abortion Ban Act unconstitutional, saying Congress ignored the most experienced doctors when it determined that the banned procedure would never be necessary to protect the health of the mother — a finding he called "unreasonable." The ruling comes off the heel of two recent decisions by federal judges in -- of all places -- New York and San Francisco.

There is an easy solution to this problem, and that is to rephrase the Partial-Birth Abortion Ban Act, allowing for early termination if and only if the attending physician believes the mother's life or health is at risk. Not even the liberal activist judges will be able to find language in the Constitution that guarantees the right to an abortion once an exception is made for the mother's health.

Steadfast conservatives will not compromise on the woman's health issue but the idea that our country is ready to completely ban the barbaric procedure with no provisions is a pipedream. Don't mistake my position, however, as I am not conceding to the pro-choice lobby. It is important that physicians have all the resources necessary to preserve the life of his or her patient, even if it means resorting to the termination of the fetus.