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CWA of Central California – Beyond the TEA Parties
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CWA Joins in Amicus Brief to Uphold PBA Ban     12/9/2004

Arguments show that banning partial-birth abortion is legal.

Concerned Women for America joined as a friend of the court (1) in an amicus curiae brief filed in the U.S. Court of Appeals for the 8th Circuit in the Nebraska case Carhart v. Ashcroft.

Leroy Carhart is one of several abortionists challenging the constitutionality of the law banning partial-birth abortion (PBA) (2), which President George W. Bush signed into law on November 3, 2003. The U.S. Department of Justice is vigorously defending the ban, which is expected to ultimately reach the U.S. Supreme Court.

Written by attorneys of the Christian Legal Society, the brief concludes that, despite the District Court’s ruling:

  1. Congress was correct in concluding that the ban did not require a health exception, which would allow any woman to obtain the abortion procedure on vague “health” grounds.
  2. By not banning the dilation & evacuation (3) method of abortion, the law does not “impose any undue burden upon a woman’s right to an abortion.

For access to the brief in its entirety, click here.

____________________________________

(1) In addition to Concerned Women for America and the Christian Legal Society, organizations signing onto the brief are: Christian Medical Association, Alliance Defense Fund, National Association of Evangelicals, Focus on the Family, Family Research Council and Ethics & Liberty Commission of the Southern Baptist Convention.

(2) In partial-birth abortion, the abortionist begins by dilating the woman's cervix for two days. Then, on the third day, he uses forceps to deliver the entire baby except for the head. At this point, the abortionist uses blunt surgical scissors, or a trochar, to stab the baby at the base of the skull. He then inserts a vacuum tube and sucks the child's brains out. Then he can collapse the skull and pull the dead baby through the cervical opening.

(3) In a D&E, or dilation and evacuation, abortion, which is used in the second trimester, the abortionist dilates the cervix and then uses a forceps to cut up the baby and remove it piece by piece from the uterus.



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