Commentary

The U.S. Supreme Court issued a brief order today, denying an appeal of a 9th Circuit edict in a case dealing with Arizona’s Fetal Pain Law. The liberals managing the 9th Circuit had ruled in May of last year that Arizona’s law violated the U.S. Constitution and its hidden provision granting women the “right” to destroy their babies via abortion. Arizona appealed the 9th Circuit injunction to the Supreme Court, asking that it be allowed to enforce the state law which banned abortions after approximately 20 weeks’ gestation.

The Supreme Court’s inaction effectively allows the injunction to remain in place.

Today’s development means that Idaho’s Fetal Pain statute also remains unenforceable because Idaho is under the jurisdiction of the 9th Circuit Court of Appeals.

Proponents of the law had hoped that the Supreme Court would be more receptive to the law because of scientific research surrounding the baby’s development, as well as evidence showing that late-term abortions are more dangerous to a woman’s health. While the Supreme Court did not rule on the merits of the Fetal Pain Law in Arizona, it does represent a set-back for the pro-Life movement.

Hopes for a reconsideration of the core issues rest with another appeals court circuit reaching a different conclusion than that derived by the 9th Circuit.