PRO-LIFE COURT REVIEWS AND LEGISLATION[42]
Gonzales
v. Planned Parenthood (2006)
The Supreme Court has agreed to take a case
out of California concerning the constitutionality of the national ban on partial-birth
abortion. This is the second case involving the ban on partial-birth abortion
that the high court has agreed to hear. As you may recall, Congress approved a
national ban on the procedure. The law was challenged in three separate cases
in the federal court system in Nebraska, New York, and California. In all cases,
the ban was declared unconstitutional. The high court first agreed to hear the
case out of Nebraska (see below). The ACLJ, which has been involved in defending
the national ban since its passage by Congress, is supporting the government's
position defending the ban and is representing members of Congress in an amicus
brief filed with the high court. Like the Nebraska case, the Supreme Court is
expected to hear arguments in CA case in the fall of 2006. The case is Gonzales
v. Planned Parenthood, 05-1382.
Gonzales
v. Carhart (2005)
The Supreme Court has agreed to take a case out of Nebraska concerning the constitutionality
of the national ban on partial-birth abortion. As you may recall, Congress approved
a national ban on the procedure. The law was challenged in three separate cases
in the federal court system in Nebraska, New York, and California. In all cases,
the ban was declared unconstitutional. The high court will hear the case out of
Nebraska. The ACLJ, which has been involved in defending the national ban since
its passage by Congress, is supporting the government's position defending the
ban and is representing nearly 80 members of Congress and more than 320,000 Americans
in an amicus brief filed with the high court. The Supreme Court is expected to
hear arguments in the fall of 2006. The case is Gonzales v. Carhart, 05-380.
Operation
Rescue v. National Organization for Women, et al. (2005)
On February 28,
2006, the Supreme Court unanimously ruled in favor of pro-life demonstrators and
organizations bringing an end to a nearly 20-year-old legal marathon involving
a federal racketeering statute used against pro-life demonstrators. The high court
ruled that the actions of the pro-life demonstrators fell outside the scope of
the federal Hobbs Act, and therefore the federal Racketeer Influenced and Corrupt
Organizations (RICO) statute - a law designed to combat drug dealers and organized
crime. In its decision, the high court ordered the federal appeals court to enter
a ruling in favor of the pro-life demonstrators and organizations bringing an
end to a case that lasted nearly two decades. The ACLJ represented Operation Rescue
and served as Counsel of Record in the case.