Bush lawyers start beef.

Bush administration lawyers approached the Supreme Court yesterday to reinstate the ban on late-term abortion, arguing that it’s never been “medically indicated” as a safer surgical procedure.
They’re appealing the St. Louis 8th Circuit Court of Appeals decision back in July that struck down the ban as unconstitutional.
“In their appeal to the Supreme Court, the Bush administration lawyers said the lower courts should have deferred to the lawmakers in Washington, not the medical experts who testified in the case.
‘Congress’ findings concerning the medical necessity of partial-birth abortion were entitled to substantial deference,’ U.S. Solicitor General Paul D. Clement told the court in Gonzales vs. Carhart.
Five years ago, O’Connor cast the decisive vote to strike down the Nebraska law, saying the government may not regulate abortion in a way that endangers the health of women.”
It will be several months before the justices decide whether to hear the case, which is right around the time that Bush’s replacement for O’Conner will probably be on the court. Lovely.