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Moore Joins in PABA Case Before High Court

by Allie Martin
June 6, 2006
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(AgapePress) - - A candidate in Alabama's gubernatorial race has filed a brief with the U.S. Supreme Court claiming there is no constitutional right to an abortion.

In October the Supreme Court will hear oral arguments in the case Gonzales v. Carhart. That case was picked up by the high court when the Eighth U.S. Circuit Court of Appeals struck down the Partial-Birth Abortion Ban Act of 2003. Now former Alabama chief justice Roy Moore, who is running in today's Republican primary for governor, has joined with the Foundation for Moral Law in filing a friend-of-the-court brief in the case.

Moore says the nation's highest court was wrong in 1973 when it ruled women have a right to abortions.

"We simply pointed out [in our brief] that the courts are bound by the explicit provisions and terms of the First Amendment and the Constitution in general, and that the judges are not going by the words, they're not going by the terms and definitions," Moore explains. "They're going by the way they feel and by precedent, which has really contradicted the Constitution."

According to the former chief justice, the Equal Protection Clause of the Fourteenth Amendment gives Congress the authority to ban a certain type of abortion.

"There is no justification for taking a baby's life just because the head has not come out of the womb," he says, referring to the gruesome partial-birth abortion procedure. "Any decent, sensible person can understand that, and the court should too.

"There is no way to say that life begins when the head comes out. That baby is alive, and to say that partial-birth abortion prohibition is unconstitutional is simply to dispute logic and reason."

Moore is facing incumbent Governor Bob Riley in today's primary. Polls show consistently that Moore trails Riley by almost two-to-one.


Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.

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