WASHINGTON, D.C. -- The Supreme Court's ruling on partial birth abortion could prove to be a legal landmark.
Abortion rights advocates fear it may be a sign of things to come.
In a 5-4 decision the Supreme Court upheld the controversial partial birth abortion ban passed by congress.
Writing for the majority, Justice Anthony Kennedy said, "The government has a legitimate and substantial interest in preserving and promoting fetal life."
The procedure is used in the second trimester. Pro-life advocates have called it gruesome and painful to the fetus. They called the ruling -- which does not prohibit other types of abortions -- a monumental victory.
Sen. Sam Brownback said, "The court is starting to express the fundamental right to life and the dignity of each life in this country."
The ruling came in the case of Gonzales vs. Carhart. The Nebraska doctor challenged the federal law banning the mid-term procedure, saying it was safer than some other methods used and had no exception for the health of the mother:
Dr. Leroy Carhart, who brought the lawsuit, said, "I see this law as trying to make abortions more dangerous for women."
Abortion advocates called it a stunning assault on women's health and said it paves the way for states to impose more restrictions on abortions.
In a dissenting opinion Justice Ruth Bader Ginsburg called the decision "alarming." She said it "refuses to take seriously" 30 years of Supreme Court precedent.
The decision underscores the impact of President Bush's two new conservative Supreme Court appointees.
As one observer put it: "it's a new day."
