In a 5-4 vote, the United States Supreme Court reaffirmed a woman's right to choose the safest method of abortion throughout pregnancy. It struck down Nebraska's law which bans “partial birth abortion” and, by extension, similar laws enacted by 30 other states (BMJ 1999;319:874, 1220).
The majority opinion, written by Justice Stephen Breyer, affirmed a lower court ruling overturning Nebraska's ban on the rarely used procedure dilatation and extraction, called “partial birth abortion” by antiabortion groups.
The court found the Nebraska law unconstitutional because in banning this procedure it placed women “at an unnecessary risk of tragic health consequences.” It also found the language of the Nebraska law imprecise.
Justice Breyer said that all doctors using the method of dilatation and evacuation, which is more commonly used after the first trimester, “must fear prosecution, conviction, and imprisonment,” making the law an “undue burden upon a woman's right to make an abortion decision.”
Dr Frederick Hopkins, an obstetrician in San Diego, California, who also serves as an officer of Planned Parenthood, said, “There is no such thing as partial birth abortion. It is not in any medical text and there is no medical definition. Yet it is intimidating and frightening to think a doctor could have been prosecuted under such vague language. Now doctors and patients are safer.”
Gloria Feldt, president of the Planned Parenthood Federation of America, said: “We are pleased with the court's affirmation of the right to abortion, but we in no way believe this is the end.” She referred to continued attempts by state legislatures to outlaw specific medical procedures at any time during pregnancy.