I am happy to report that we just got the decision from the Supreme Court of the United States in the partial-birth abortion cases.  Our analysis prevailed, and the Court ruled 5-4 in our favor.  In an opinion by Justice Kennedy, the Court upheld the ban on partial-birth abortion.  Former Attorney General John Ashcroft, who was the Attorney General during the litigation, will be our guest on the radio broadcast today.

We had the privilege of representing members of the House and Senate who actually drafted the legislation.  This is a significant victory!  One of the main thrusts of the arguments we made in the trial courts, in the courts of appeals, and ultimately, to the Supreme Court, was that the government has a compelling interest in protecting the life of the unborn.  Justice Kennedy, in his opinion, specifically held that “the government has a legitimate, substantial interest in preserving and promoting fetal life.”  He went on to say that that interest would be “repudiated were the Court now to affirm the judgments” of the Court of Appeals and hold unconstitutional the ban on partial-birth abortion. 

The Court recognized that “Congress determined that such abortions [partial-birth abortions] are similar to the killing of a newborn infant.”  Justice Kennedy also wrote:  “The Act’s stated purposes are protecting innocent human life from a brutal and inhumane procedure and protecting the medical community’s ethics and reputation.”  The Court went on to state that the government, undoubtedly, “’has an interest in protecting the integrity and ethics of the medical profession.’”  Moreover, the Court recognized that the government may use its “voice and its regulatory authority to show its profound respect for the life within the woman.” 

The Court concluded by noting that the Act’s ban on abortions involving partial delivery of a living fetus furthers the government’s objectives. 

More analysis is coming.  Be sure to listen to today’s broadcast of Jay Sekulow Live!