Background:

    In 2003 Congress passed the Partial-Birth Abortion ban act. This act banned abortions regarding when "the fetal head or any part of the fetal trunk past the navel is outside the body of the mother" Outraged, Dr. Leroy Carhart, and many other physicians who also perform abortions sued to stop the act. A federal district Court then ruled the act as unconstitutional  and after another appeal it went to the Supreme Court.

Issue:

    Is the Partial-Birth Abortion Ban Act unconstitutional and a violation of personal privacy and liberty established by the 5th amendment because the act lacks an exception to mothers who's lives are in danger?

Decision:

    The Supreme Court, in a 5v4 decision, ruled that the congress's ban on partial-birth abortion was not unconstitutional. 

M: (W) Kennedy (joined) Scalia, Alito, Roberts

C:(W)Thomas (joined) Scalia

D:(W)Ginsburg (joined) Stevens Souter Ginsburg Breyer

Opinion:

I disagree with the ruling of this case. The fact that it is a late stage abortion where an abortion is totally unacceptable. By that stage in pregnancy there is no doubt that life has been created and is being sustained, therefor the baby has protection of his or her liberty. Additionally the fundamental right of the baby to life overrides the right to the mothers privacy in her abortion. Also i believe that life begins when the baby forms a heartbeat so that would make abortion okay until the heartbeat has started, in my opinion.