BILL WOULD REMOVE PARTIAL-BIRTH ABORTION FROM LOWER COURTS
WASHINGTON, DC (CWNews.com) - A bill to be introduced in
the US House of Representatives would prevent federal
courts, other than the US Supreme Court, from ruling on the
constitutionality of partial-birth abortion bans.
Rep. Ron Paul, R-Texas, an obstetrician-gynecologist, and
Rep. Richard Baker, R-Louisiana, are co-sponsors of the law
based on Article 3 of the US Constitution. The measure would
remove "partial-birth abortion related cases from federal
claims court jurisdiction."
Section 2 of Article 3 states, in part, "In all cases
affecting ambassadors, other public ministers and consuls,
and those in which a State shall be a party, the Supreme
Court shall have original jurisdiction. In all the other
cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact, with such
exceptions and under such regulations as the Congress shall
make."
Paul's spokesman said numerous federal courts have
overturned state partial-birth abortion bans with some of
those challenged to the US Supreme Court, with the high
court expected to rule on them this session. The Partial
Birth Abortion and Judicial Limitation Act would help
define the role and jurisdiction of lower federal courts on
the partial birth abortion issue, he said.
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