Abortion battle now moves to the courts

The nation's pro-life advocates have cause to celebrate with congressional passage of a ban on partial-birth abortion. President Bush is expected to sign the bill any day now.

A number of elements had to come together to put a stop to partial-birth abortions. The legislative battle had been brewing in Congress since the Republican party took over the House in 1995.

President Clinton vetoed similar bills twice, arguing that they lacked an exception to protect the health of the mother. In the first year of the Bush administration, a Democratic-controlled Senate stopped the bill from advancing.

Now, with the GOP in control of both chambers and Bush in the White House, the ban was all but assured. The Senate vote last week was 64-34, coming three weeks after the House voted 281-142.

Just passing the law and getting the president's signature is quite an accomplishment. However, the bill still has far to go. Anti-abortion advocates are preparing for the next battles, which will be in courts.

Missouri provides an interesting study on the situation. The Missouri House and Senate passed a bill in 1999 banning partial-birth abortion. Then-governor Mel Carnahan vetoed it, both chambers overrode the veto, and the law has been stalled in the courts ever since.

The same promises to be true with the federal law, which will supersede all state laws.

Gloria Feldt, president of the Planned Parenthood Federation of America, gave a hint of what was to come when she said last week that people need to realize "it's not just a fight about abortion. It extends far beyond, to family planning and other personal, private decisions."

In other words, it is the oft-used "slippery slope" analysis, which says that banning one particularly heinous abortion procedure will lead to the end of abortion rights in America, along with the right to use birth control or make other personal, medical decisions.

The evidence shows that's a far stretch. The U.S. Supreme Court has shown no interest in reconsidering Roe vs. Wade, the landmark 1973 decision that legalized abortion in this country.

However, the minute our president signs the current legislation, groups such as Planned Parenthood will spring into action. They already were working on the court challenge when the congressional votes were taken.

The case will take an estimated two to three years to get through the courts, according to an American Civil Liberties Union lawyer. The ACLU will represent the National Abortion Federation in its lawsuit.

Surely the judiciary will see that banning one egregious form of abortion is simply the right thing to do, not the first step toward changing America's proud tradition of individual rights.