WASHINGTON, DC (CWNews.com) - The US Supreme Court on
Tuesday began hearing oral arguments in the first major
case involving abortion since a landmark decision in 1992.
The current case involves a Nebraska law banning
partial-birth abortions and could affect laws in 30 states
as well as bans pending in state legislatures and the US
Congress.
Nebraska Attorney General Don Stenberg told the court the
law is intended to draw "a bright line between abortion and
infanticide." But lawyers representing the Nebraska
abortionist challenging the law said it is "so broadly
written it could prohibit most second-trimester abortions"
and could lead to making all abortions "more dangerous for
women."
Justices David Souter and John Paul Stevens, who upheld the
constitutionality of abortion in the 1992 Planned Parenthood
vs. Casey decision, also doubted the constitutionality of
the Nebraska ban, as did Ruth Bader Ginsburg and Stephen
Breyer who joined the court after 1992. Chief Justice
William H. Rehnquist and Justices Antonin Scalia and
Clarence Thomas seemed to lean toward upholding the ban,
mirroring their dissent from the majority opinion in 1992.
Justices Sandra Day O'Connor and Anthony M. Kennedy
appeared to be the swing votes, although they also voiced
concerns about the breadth of the Nebraska law. The court's
decision is expected by late June.