South Dakota Abortion Ban Deserves Best Climate for Success
Washington, DC — In anticipation of the expected court challenge to the new South Dakota law banning abortion, Operation Rescue renews its call on U.S. Supreme Court Justice John Paul Stevens to retire so that President Bush may appoint his successor.
“We are confident that the new abortion ban will pass Constitutional muster because it provides Constitutional protection for women and children,” said Operation Rescue President Troy Newman. “Even with the current composition of the court, we believe this law will stand, however, we would like to have the best possible climate for a hearing.”
“We believe that the Supreme Court will find that this law plugs the ‘Blackmun Hole’ and will stop abortion in all fifty states,” he said. “New advances in fetology have given us information on the humanity of the pre-born that did not exist when Roe was decided.”
The Blackmun Hole is a loophole where Justice Harry Blackmun acknowledged in the majority opinion for Roe v. Wade in 1973 that if it could be established that the fetus is a ‘person’ within the language and meaning of the Fourteenth Amendment, a right to abortion would not exist. He stated, “If this suggestion of personhood is established, the appellant’s case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.”
“Justice Stevens has served many long years on the court. We think it would be for the good of the nation if he moved on to enjoy his retirement and make way for the new court that would be certain to restore the legal protections of personhood to the pre-born,” said Newman