**Partial-Birth Abortion Ban Act of 2002**

**Summary---H.R. 4965**

Partial-birth abortion is the termination of the life of a living baby
just seconds before it takes its first breath outside the womb. The
procedure is performed by delivering an unborn child's body until only
the head remains inside the womb, puncturing the back of the child's
skull with a sharp instrument, and sucking the child's brains out before
completing delivery of the dead infant.

The bill would prohibit the performance of a partial-birth abortion with
the only exception being if this abortion method is necessary to save
the life of a mother. An abortionist who violates the ban will be
subject to fines and a maximum of two years imprisonment. A civil cause
of action is also established for damages against an abortionist who
violates the ban.

Legislation to ban partial-birth abortions was approved in the 104th,
105th, and 106th Congresses. Unfortunately, the two federal bans that
reached President Clinton's desk were promptly vetoed. In the 106th
Congress, the House and Senate failed to reach a conference agreement.

Two years ago in *Stenberg v. Carhart*, the United States Supreme Court
struck down Nebraska's partial-birth abortion ban which was similar, but
not identical, to the previous bans passed by Congress. To addresses
*Stenberg,* the Partial-Birth Abortion Ban Act of 2002 differs from the
previous legislation in two ways.

First, the five-justice majority in *Stenberg* thought that Nebraska's
definition of partial-birth abortion was vague. Our bill contains a new,
more precise, definition of the prohibited procedure that we believe
will address the Court's concerns.

The Court also ruled that the Nebraska ban placed an "undue burden" on
women seeking abortions because it failed to include an exception to
preserve the "health" of the mother. The Court based its conclusion on
the trial court's factual findings regarding the relative health and
safety benefits of partial-birth abortions - findings which were highly
disputed. The *Stenberg* Court, however, was required to accept these
questionable trial court findings because of the highly deferential
"clearly erroneous" standard that is applied to lower court factual
findings.

Those factual findings are inconsistent with the overwhelming weight of
authority on the issue - including evidence received during extensive
legislative hearings - which indicates that a partial-birth abortion is
never medically necessary to preserve the health of a woman, poses
serious risks to a woman's health, and lies outside the standard of
medical care. This is supported by the **American Medical Association
which has said the procedure is "not good medicine" and is "not
medically indicated" in any situation.**

Although the Supreme Court in *Stenberg* was obligated to accept the
district court's findings, Congress possesses an independent
constitutional authority to reach findings of fact. Under well-settled
Supreme Court jurisprudence, these congressional findings will be
entitled to great deference by the federal judiciary in ruling on the
constitutionality of a partial-birth abortion ban. Thus, the first
section of our bill contains Congress's factual findings that, based
upon extensive medical evidence compiled during congressional hearings,
a partial-birth abortion is never necessary to preserve the health of a
woman.