The U.S. Supreme Court Upholds the Federal Abortion Ban in Gonzales v. Planned Parenthood.
What Does This Mean for PPGG’s Patients and Reproductive Freedom?
Background
What was the Supreme Court’s ruling in Gonzales v. Planned Parenthood?
What are the potential impacts of this decision?
How will the decision impact PPGG’s services?
What can pro-choice activists do to help?
The federal “Partial Birth Abortion Ban Act of 2003” sought to ban medical procedures deemed the safest and best by medical experts and leaders in the field of abortion care and lacked an exception for women’s health. Without a health exception, the ban could outlaw abortion methods even if doctors believed that they would be the safest and best option to protect their patients’ health and future fertility.
The federal abortion ban, first passed by Congress in 1995, was vetoed by President Clinton. In 2003 it was re-introduced and signed into law by President Bush. Three lawsuits were immediately filed – including one by Planned Parenthood Golden Gate along with Planned Parenthood Federation of America - and temporary restraining orders were granted to prevent implementation of the law in November 2003.
In 2004, three separate federal district courts struck down the law because it failed to include an exception to protect women’s health and the language was unconstitutionally vague. The government filed appeals in each of the three cases against the law and all three appeals courts agreed that the law was unconstitutional because of the lack of a health exception and because the language was too broad to be adhered to.
In November 2006, the Supreme Court justices heard oral arguments in Gonzales v. Planned Parenthood. In 2000, the Supreme Court ruled that a Nebraska law similar to the federal abortion ban was unconstitutional because like the federal ban, it lacked a health exception and could ban early abortions because of its overly broad language. The Supreme Court struck down the Nebraska law by a vote of 5-4, with now retired Justice Sandra Day O’Connor as the swing vote.
For more information about the federal abortion ban click here www.federalabortionban.org
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What was the Supreme Court’s ruling in Gonzales v. Planned Parenthood?
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On April 18, 2007, the Supreme Court issued their ruling to uphold the federal abortion ban in its entirety. In a 5-4 vote with Justice Kennedy crafting the majority opinion (Justice Kennedy was joined by Chief Justice Roberts and Justices Scalia, Thomas, and Alito), the court ruled that the federal abortion ban was not overly vague and did not impose an undue burden on a woman’s access to abortion. The majority opinion also challenged Roe v. Wade and 30 years of Supreme Court precedent by not mandating an exception for women’s health – which gives states, for the first time, the ability to pass abortion restrictions without such a health exception.
In her dissenting opinion, Justice Ginsburg (joined by Justices Stevens, Breyer, and Souter) said, “For the first time since Roe, the Court blesses a prohibition with no exception protecting a woman's health … the Court's defense of it, cannot be understood as anything other than an effort to chip away at a right declared again and again by this Court -- and with increasing comprehension of its centrality to women’s lives. A decision so at odds with our jurisprudence should not have staying power."
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What are the potential impacts of this decision?
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Women’s Health The Supreme Court decision will negatively impact women’s health by allowing state and federal laws to omit an exception for women’s health in future restrictions and revise current restrictions on access to abortion. The Supreme Court decision sets a dangerous precedent for the future of healthcare by allowing politicians to make medical decisions that ought to be made by doctors. Women’s access to safe and legal abortions is already restricted and this decision will serve to further limit access even more by chilling doctors from providing critical health care services.
Reproductive Freedom The Supreme Court decision has undermined and gutted core protections for women’s health that were established in Roe v. Wade. The new Bush court has walked away from legal precedent regarding women’s health and has shown that the highest court in the land is hostile to a woman’s right to choose.
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How will the decision impact PPGG’s services?
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The United States Supreme Court decision recently released will affect some second-trimester abortions (16-20 weeks gestation) provided at Planned Parenthood Golden Gate. This new law will take effect in mid-May of 2007and all Planned Parenthoods will be ready to comply without disruption of services.
Planned Parenthood Golden Gate is committed to the health and safety of our patients, and we will continue to provide high-quality care, including first and second trimester abortion services, to our patients.
No changes in the law have gone into effect at this time. If you have an appointment, you should still come in. When you come in for your appointment, you and your doctor will discuss your situation, his or her recommendations for your individualized care, and your options.
If you are in the process of undergoing an abortion or are scheduled for a follow-up visit, it is very important that you attend your next appointment. If you have any questions, please contact us at 1-800-230-PLAN.
We want to reassure you that abortion is still legal in this country, and that Planned Parenthood is here for you. If you are scheduled to visit one of our health centers now or would like to in the future, please know that our doors will be open. You can depend on us.
For 90 years, Planned Parenthood has been a trusted health care provider — every year, nearly five million women, men, and teens rely on our reproductive health care, education, and information services. While we are very disappointed by today’s Supreme Court decision, we remain – as always – focused on providing you with the high-quality reproductive health care.
To make an appointment, click here.
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What can pro-choice activists do to help?
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The recent Supreme Court decision confirms that reproductive freedom is in jeopardy. Pro-choice activists must join forces to make their voices heard. Join PPGG’s Action Network to receive updates about current events impacting reproductive health and freedom, timely action alerts, and invitations to special events.
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