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A Brief Look at the Arguments in Gonzales v. Carhart 10/24/2006 By Mario Diaz & Kristen Morgan Supreme Court to hear partial birth abortion case. This case concerns the constitutionality of the federal Partial-Birth Abortion Ban Act of 2003 (the Act) which prohibits physicians from knowingly performing a partial-birth abortion in or affecting interstate commerce. The Act contains an exception for cases in which the abortion is necessary to preserve the life of the mother, but no exception for the health of the mother. The decision not to include a health exception came as a result of extensive congressional hearings where Congress found that "partial-birth abortion is never medically necessary to preserve the health of the mother." [more ...]
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