2007-06-05-皮尤-The_High_Court_Upholds_the_Federal_Partial_Birth_Abortion_Ban_Act_8页_170kb

Constitutionality: The Supreme Court upheld the federal Partial Birth Abortion Ban Act in a 5-4 decision, ruling it constitutional despite lacking a health exception.

Majority Opinion: Justice Kennedy asserted that the ban furthered legitimate governmental interests in protecting fetal life and the integrity of the medical profession. He argued Congress found the procedure inhumane and unnecessary for maternal health. Kennedy declined to require a health exception, citing medical certainty that the ban wouldn't unduly burden abortion rights due to rare use.

Dissent: Justice Ginsburg dissented, stating the majority failed to recognize abortion rights restrictions needs health exceptions. She criticized the act's horrific nature, potential limiting of women's medical options, and concern over uninformed women undergoing the procedure.

Future Impact: Both Kennedy and Ginsburg noted potential for further challenges. Kennedy suggested "as applied" challenges might define scope in future cases, while Ginsburg highlighted risks of denying women needed care. The ruling also prompted states with partial birth bans to revise legislation and states to explore new abortion regulations or requirements.