The Supreme Court has upheld the Partial-Birth Abortion Ban Act of 2003, which outlaws a particular method of late-term abortion. Speaking for the majority, Justice Kennedy declared that “the law need not give abortion doctors unfettered choice in the course of their medical practice.”

“But it is not a proper function of government to dictate medical practices,” said Dr. Keith Lockitch, a resident fellow at the Ayn Rand Institute. “If a woman chooses to have an abortion, it is for her and her doctor–not Congress or the judiciary–to decide which medical procedure is most appropriate.

“Is the ‘Partial-Birth Abortion’ ban constitutional? Not if the Constitution is meant to guarantee a woman’s right to her life, liberty and the pursuit of her happiness.”

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