Two Courts Rule “Barbaric” Partial Birth Abortion Constitutional

Operation Rescue condemns ruling as schizophrenic and immoral

San Francisco, CA — Yesterday, two Federal Appellate Courts ruled that the Partial Birth Abortion Ban Act of 2004 is unconstitutional. The 9th Circuit Court in San Francisco and the 2nd Circuit Court in Manhattan both issued opinions that the grisly abortion method should be allowed even on viable, healthy babies.

This ruling comes even though one of the trial court judges described the partial birth abortion procedure as “gruesome, brutal, barbaric and uncivilized.”

The Partial Birth Abortion Ban was earlier ruled unconstitutional by the 8th Circuit Court, which considered a similar suit brought by Nebraska partial-birth abortionist LeRoy Carhart.

“This ruling is one of a number of nonsensical abortion rulings handed down by our liberal courts,” said Operation Rescue President Troy Newman. “On one had we have courts that convict people like Scott Peterson for double homicide when it involves the death of a pregnant woman and her pre-born baby. Then on the other hand, we have courts that determine that the ‘gruesome, brutal, barbaric and uncivilized’ partial-birth abortion is a Constitutional right.”

“This schizophrenic and immoral misapplication of our laws can no longer be tolerated. These cases must go to the newly seated Supreme Court for adjudication. This will be a golden opportunity for Roberts and Alito put their conservative judicial philosophies to good use,” said Newman.