Judge Casey's Ruling on Congressional Ban on Partial Birth Abortion

August 26th, 2004 New York, NY

We regret to report that earlier today, U.S. District Judge Richard C. Casey ruled that the congressional ban on partial birth abortion is unconstitutional. See National Abortion Federation v. Ashcroft, No. 03 CIV 8695 (RCC)(S.D. N.Y. August 26, 2004) 

The ban was passed in November 2003 after a congressional finding that there was no significant body of medical opinion, which held that the gruesome procedure had any safety advantages for women.

The judge unilaterally dismissed the congressional finding and held that the ban must have an “exception to preserve a woman’s life and health,” in order to conform to prior Supreme Court rulings.

The Judge further opined that Congress has a “ constitutional duty to obey the Supreme Court’s rulings,” deepening the ever-widening controversy regarding the appropriate balance of powers among the three branches of the federal government on politically sensitive issues.

It is clear that the federal courts, as evidenced by this latest decision, are set on depriving the electorate from having any say in protecting the most defenseless members of the political community. Even Congress now has a “duty” to slavishly follow Supreme Court precedent, which is now construed to mean that children may be murdered up to and including the time of birth.

Where is Judge Casey’s honor?

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