Justices Uphold Abortion Procedure Ban

This file photo from Nov. 8, 2006, shows Bellevue, Neb. physician Leroy Carhart meeting with reporters outside the Supreme Court in Washington, after a hearing on a partial-birth abortion case. The Supreme Court upheld the nationwide ban on the controversial abortion procedure Wednesday, April 18, 2007. The 5-to-4 ruling says the Partial Birth Abortion Ban Act passed by Congress and signed into law four years ago does not violate a woman's constitutional right to an abortion. (AP Photo/Manuel Balce Ceneta) (Manuel Balce Ceneta - AP)

It was the first time the court banned a specific procedure in a case over how _ not whether _ to perform an abortion.

Abortion rights groups as well as the leading association of obstetricians and gynecologists have said the procedure sometimes is the safest for a woman. They also said that such a ruling could threaten most abortions after 12 weeks of pregnancy, although Kennedy said alternate, more widely used procedures remain legal.

The outcome is likely to spur efforts at the state level to place more restrictions on abortions.

"I applaud the Court for its ruling today, and my hope is that it sets the stage for further progress in the fight to ensure our nation's laws respect the sanctity of unborn human life," said Rep. John Boehner of Ohio, Republican leader in the House of Representatives.

Jay Sekulow, a prominent abortion opponent who is chief counsel for the conservative American Center for Law and Justice, said, "This is the most monumental win on the abortion issue that we have ever had."

Said Eve Gartner of the Planned Parenthood Federation of America: "This ruling flies in the face of 30 years of Supreme Court precedent and the best interest of women's health and safety. ... This ruling tells women that politicians, not doctors, will make their health care decisions for them." She had argued that point before the justices.

More than 1 million abortions are performed in the United States each year, according to recent statistics. Nearly 90 percent of those occur in the first 12 weeks of pregnancy, and are not affected by Wednesday's ruling. The Guttmacher Institute says 2,200 dilation and extraction procedures _ the medical term most often used by doctors _ were performed in 2000, the latest figures available.

Six federal courts have said the law that was in focus Wednesday is an impermissible restriction on a woman's constitutional right to an abortion.

"Today's decision is alarming," Ginsburg wrote in dissent for the court's liberal bloc. She said the ruling "refuses to take ... seriously" previous Supreme Court decisions on abortion.

Ginsburg said the latest decision "tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists."

Ginsburg said that for the first time since the court established a woman's right to an abortion in 1973, "the court blesses a prohibition with no exception safeguarding a woman's health."

She was joined by Justices Stephen Breyer, David Souter and John Paul Stevens.