WASHINGTON, DC (CWNews.com) - The Clinton administration
has asked the US Supreme Court to allow it to wade into a
court battle over a Nebraska abortion law on the side of
those who want it overturned.
The Justice Department asked the court to let it's lawyers
participate when the case is argued before the justices on
April 27. In a brief filed with the request, the
administration argued that Nebraska's ban on partial-birth
abortions is unconstitutional for three reasons.
First, they said, the law is so broadly worded that more
than one type of abortion could be prosecuted and, second,
it is too vague to allow doctors to know just which
abortion types are banned. Third, even if the law was
restricted in its definition, it unduly burdens a woman's
right to abortion because "it fails to provide an exception
to preserve the pregnant woman's health." The only exception
to Nebraska's ban is if the outlawed procedure is necessary
to save a woman's life.
The Nebraska case is the first major abortion ruling by the
court since a 1992 ruling reaffirming the 1973 Roe v. Wade
decision that legalized abortion on demand. The case, known
as Stenberg vs. Carhart, could affect partial-birth abortion
bans in 30 states.