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5/22/2006
Re: Banning
Partial Birth Abortion
MONTGOMERY, Ala., May 20 /Christian Newswire/ -- Chief Justice Roy Moore and the Foundation for Moral Law filed an amicus curiae brief today asking the United States Supreme Court to rule in Gonzales v. Carhart that the Partial-Birth Abortion Ban Act of 2003 is constitutional because there is no “right to abortion” in the United States Constitution. Congress passed the ban on partial-birth abortion, in which a fully developed baby is killed, but a federal court in Nebraska agreed with Leroy Carhart, who performs partial-birth abortions, holding that the Act was unconstitutional as an “undue burden” on a woman’s so-called “right to abortion.” Judge Roy Moore observed, “Once again our federal courts have intruded into a jurisdiction they simply do not have; the power over life and death of a ‘person’ protected by the 14th Amendment! The courts have a duty to preserve life—not take it.” Judge Moore and the Foundation argue that the Supreme Court should decide this case, and every case, based upon the text of the Constitution. Under the Equal Protection Clause of the 14th Amendment, Congress has the authority to protect life, including the lives of human beings that are not yet outside their mother’s womb. Nowhere in the Constitution does it mention a “right to abortion.” Roe v. Wade and other abortion decisions should be overruled and the Partial-Birth Abortion Ban Act should be upheld. For too long, the Supreme Court has misinterpreted the Constitution to allow the murder of millions of unborn children in this country. The Foundation for Moral Law believes that, as the Declaration of Independence says, we are endowed by our Creator with the inalienable right to life, and it is the government’s duty to protect that right.
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