| Partial-birth Abortion Ban Act Of 2003 |
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The bill passed both chambers of Congress: 281–142 in the House Of Representatives on October 2 , 2003 , and 64–34 in the Senate on October 21 , 2003 , and was signed into law by President George W. Bush on November 5 , 2003 . The law has been upheld by the Supreme Court in '' Gonzales V. Carhart ''. This statute deals with a method of why women have chosen to get second trimester abortions, and then this particular procedure has been chosen for Additional Reasons . FINDINGS
LIFE OF THE WOMAN Despite its finding that "partial-birth abortion … is … unnecessary to preserve the health of the mother", the statute includes the following provision: This may have been a precaution in case the courts reject Congress's findings of fact. As '', some pro-life supporters assert that use of the word "health" would render any legal restriction meaningless because of the broad and vague interpretation of "health." "PARTIAL-BIRTH ABORTION" DEFINED BY LAW Since it was first coined in 1995 by '' found that the 2003 act "departs in material ways" from the Nebraska law and that it pertains only to a specific abortion procedure, Intact Dilation And Extraction . Some commentators have noted that the Partial-Birth Abortion Ban Act's language was carefully crafted to take into account previous rulings." Defending the Innocent " ''Washington Times'' 2003. Retrieved May 3, 2007. The Partial-Birth Abortion Ban Act defines "partial-birth abortion" as follows: Although in most cases the procedure legally defined as "partial birth abortion" would be medically defined as "intact dilation and extraction", these terms do not always overlap. For example, the IDX procedure may be used to remove a deceased fetus (e.g. due to a Miscarriage or Feticide ) that is developed enough to require dilation of the cervix for its extraction. Removing a dead fetus does not meet the federal legal definition of "partial-birth abortion," which specifies that partial live delivery must precede "the overt act, other than completion of delivery, that kills the partially delivered living fetus." U.S. Code, Title 18, Part I, Chapter 74, Section 1531 , "Partial-birth abortions prohibited." Additionally, a doctor may extract a fetus past the navel and then "disarticulate at the neck". This does not result in an intact body and so is not an intact dilation and extraction. However, it ''does'' meet the legal definition of partial-birth abortion. CONGRESSIONAL VOTE RESULTS The only substantive difference between the House and Senate versions was the Harkin Amendment expressing support for '' Roe V. Wade ''. Senate Roll Call on Harkin Amendment . A House-Senate conference committee deleted the Harkin Amendment, which therefore is absent from the final legislation. In the ). Two Senators were absent, Sen. Kay Bailey Hutchison (R-Tx.), a supporter of the bill, and Sen. John Edwards (D-NC), an opponent of the bill. The bill was then signed by President George W. Bush to become law. JUDICIAL HISTORY OF THE LAW Congress first passed similar laws banning " 2006 . Supreme Court Docket, ''Gonzales v. Planned Parenthood'' (No. 05-1382) , providing copies of briefs, courtesy of Findlaw.com. On April 18 2007 the Supreme Court in a 5-4 decision, '' Gonzales V. Carhart '', held that the statute does not violate the Constitution. Justice Anthony Kennedy wrote for the majority which included Justices Samuel Alito , Clarence Thomas , Antonin Scalia , and Chief Justice John Roberts . Justice Ruth Bader Ginsburg wrote the dissent which was joined by Stephen Breyer , David Souter , and John Paul Stevens .[http://news.yahoo.com/s/ap/20070418/ap_on_go_su_co/scotus_abortion_9 Yahoo! News], 2007-04-18.. PUBLIC OPINION See Also: Abortion in the United States#Public opinion l1=U.S. Polls on Abortion A Rasmussen Reports poll 4 days after the court's decision found that 40% of respondents "knew the ruling allowed states to place some restrictions on specific abortion procedures." Of those who knew of the decision, 56% agreed with the decision and 32% were opposed. Most Who Know of Decision Agree With Supreme Court on Partial Birth Abortion ''Rasmussen Reports''. April 22, 2007. Retrieved on April 26, 2007 An ABC poll from 2003 found that 62% of respondents thought "partial-birth abortion" should be illegal; a similar number of respondents wanted an exception "if it would prevent a serious threat to the woman's health." Additional polls from 2003 found between 47–70% in favor of banning partial-birth abortions and between 25–40% opposed. Abortion and Birth Control . ''PollingReports.com'' Retrieved April 26, 2007 REFERENCES EXTERNAL LINKS
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