ACLJ Disappointed by Decision of Federal Court in New York Declaring National Ban on Partial-Birth Abortion Unconstitutional.NEW YORK New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of -- The American Center for Law and Justice, which specializes in constitutional law, said today's decision by U.S. District Court Judge Richard Casey declaring the national ban on partial-birth abortion partial-birth abortion n. A late-term abortion, especially one in which a viable fetus is partially delivered through the cervix before being extracted. Not in technical use. unconstitutional is disappointing but represents only the beginning of a long legal road that will end at the Supreme Court of the United States Supreme Court of the United States Final court of appeal in the U.S. judicial system and final interpreter of the Constitution of the United States. The Supreme Court was created by the Constitutional Convention of 1787 as the head of a federal court system, though it was . "The court missed an important opportunity to step-in and protect life by eliminating the bridge between abortion and infanticide infanticide (ĭnfăn`təsīd) [Lat.,=child murder], the putting to death of the newborn with the consent of the parent, family, or community. Infanticide often occurs among peoples whose food supply is insecure (e.g. ," said Jay Sekulow, Chief Counsel of the ACLJ ACLJ American Center for Law and Justice ACLJ Appleseed Center for Law and Justice (Washington, DC) who attended the federal court trial in New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. and is supporting the Department of Justice in the case. "While the decision is disappointing, it's important to realize that this ruling represents only the beginning of a lengthy legal process that will end at the Supreme Court of the United States. We remain committed to working for the protection of human life and outlawing the barbaric procedure known as partial-birth abortion. It is unfortunate that the court failed to uphold the constitutionality of the abortion ban and felt that it was bound by the Supreme Court's decision in the Nebraska case, but we remain hopeful that the ban ultimately will clear the constitutional hurdles." Even though Judge Casey's ruling does not uphold the constitutionality of the ban, he commented specifically about partial-birth abortion. In the words of Judge Casey: "This medical procedure has been described by many, including Justices of the Supreme Court, as gruesome, inhumane, brutal, and barbaric." The ACLJ filed an amicus brief (posted online at www.aclj.org) with the federal district court in New York in support of the ban on behalf of itself and 25 members of Congress contending that the government has a "vital and compelling interest" in preventing the spread of the practice of abortion into infanticide. The brief stated: "The central premise of the federal partial-birth statute is the defense of the border against the encroachment of abortion into infanticide. What matters most to this specific defense is the protection of all children who, while still alive and therefore capable of being protected, break the plane that currently marks the dividing line between non-personhood and personhood per·son·hood n. The state or condition of being a person, especially having those qualities that confer distinct individuality: "finding her own personhood as a campus activist" , between abortion and infanticide." The American Center for Law and Justice, specializing in constitutional law and pro-life litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , is based in Washington, D.C. and the website address is www.aclj.org. |
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