Partial-Birth Abortion Ban Act Totally Explained

Everything about The Partial-birth Abortion Ban Act totally explained

The Partial-Birth Abortion Ban Act (Public Law 108-105, HR 760, S 3, 18 U.S. Code 1531) (or "PBA Ban") is a United States law prohibiting a form of late-term abortion that the Act calls partial-birth abortion. The U.S. Supreme Court has ruled that the term "partial-birth abortion" in the act pertains to a procedure that's scientifically called intact dilation and extraction. Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both." The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court, in the case of Gonzales v. Carhart.

Provisions

This statute prohibits a method of abortion in the United States that it names "partial birth abortion". The procedure described in the statute is usually used in the second trimester, from 18 to 26 weeks, some of which occur before and some of which occur after viability. The law itself contains no reference to gestational age or viability. The present statute is directed only at a method of abortion, rather than at preventing any woman from obtaining an abortion.
The statute includes two findings of Congress:
Despite its finding that "partial-birth abortion … is … unnecessary to preserve the health of the mother", the statute includes the following provision:
Hadley Arkes commented, in an editorial in the National Review, "[t]hat provision went even further than the law was obliged to go, for as the American Medical Association testified during the hearings, a partial-birth abortion bore no relevance to any measure needed to advance the health of any woman."
Citing the Supreme Court case of Doe v. Bolton, some pro-life supporters have asserted that the word "health" would render any legal restriction meaningless, because of the broad and vague interpretation of "health." This was of particular concern when it came to anticipated arguments that such a definition would encompass "mental health," which some thought would inevitably be expanded by court decisions to include the prevention of depression or other non-physical conditions. Pro-choice groups object to this statute primarily because there's no exemption if the health of a woman is at risk. Health is one of several reasons why women have chosen to get second trimester abortions, and then this particular procedure has been chosen for additional reasons.

"Partial-birth abortion" defined by law

Since it was first coined in 1995 by pro-life congressman Charles T. Canady, the term "partial birth abortion" has been used in numerous state and federal bills and laws, although the legal definition of the term isn't always the same. In the 2000 Supreme Court case of Stenberg v. Carhart, a Nebraska law banning "partial-birth abortion" was ruled unconstitutional, in part because the language defining "partial-birth abortion" was deemed vague. In 2006, the Supreme Court in Gonzales v. Carhart 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. The Partial-Birth Abortion Ban Act defines "partial-birth abortion" as follows:
miscarriage or feticide) that's developed enough to require dilation of the cervix for its extraction. Removing a dead fetus doesn't 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." Additionally, a doctor may extract a fetus past the navel and then "disarticulate at the neck", which could fall within the terms of the statute even though it wouldn't result in an intact body and therefore wouldn't be an intact dilation and extraction.

Legislative and judicial history

Congress first passed similar laws banning "partial-birth abortion" in December 1995", and again October 1997, but they were vetoed by President Clinton.
   In the House, the final legislation was supported in 2003 by 218 Republicans and 63 Democrats. It was opposed by 4 Republicans, 137 Democrats, and 1 independent. Twelve members were absent, 7 Republicans and 5 Democrats. In the Senate the bill was supported by 47 Republicans and 17 Democrats. It was opposed by 3 Republicans, 30 Democrats, and 1 independent. 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 only substantive difference between the House and Senate versions was the Harkin Amendment expressing support for Roe v. Wade. A House-Senate conference committee deleted the Harkin Amendment, which therefore is absent from the final legislation. All three cited the law's omission of an exception for the health of the woman (as opposed to the life of the woman), and all three decisions cited precedent set by Roe v. Wade (1973) and Stenberg v. Carhart (2000). The federal government appealed the district court rulings, which were then affirmed by three courts of appeals. The Supreme Court agreed to hear the Carhart case on February 21 2006, and agreed to hear the companion Planned Parenthood case on June 19 2006.
   On April 18 2007 the Supreme Court in a 5-4 decision, Gonzales v. Carhart, held that the statute doesn't 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.

Public opinion

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. 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.

Effect

A 2007 article in The Boston Globe reported that, in response to this statute, many abortion providers had adopted the practice of injecting the fetus with lethal drugs before all late-term abortions. Even though these providers don't perform intact dilation and extraction procedures, they feel the broad wording of the ban compels them "to do all they can to protect themselves and their staff from the possibility of being accused."

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