This week the Supreme Court will hear arguments in two cases that address the constitutionality of the federal ban on partial birth abortion that was passed by Congress in 2003. When it passed this legislation, Congress included specific findings that partial birth abortion is never medically necessary. This is key because since Roe v. Wade, the Court has required health exceptions to be included in any state or federal legislation that attempts to limit abortion. Law. com has a very interesting look at the legal arguments (in easy to understand terms) the Court will consider in these cases.

This will also be the first time that the revised Court, with its new Chief Justice and Associate Justice, will address this issue.