**The Partial-Birth Abortion Ban Act of 2003**

# Key Facts

The Partial-Birth Abortion Ban Act of 2003, prohibits the partial-birth
abortion procedure unless the procedure is necessary to save the life of
the mother. The Act imposes a maximum of two years imprisonment and/or a
fine on whoever performs a partial-birth abortion. The Act also
establishes a civil cause of action against the abortionist for the
father of the infant, and if the mother is a minor at the time of the
abortion, the maternal grandparents of the infant.

**[Partial-Birth Abortion Procedure]{.underline}:**

-   *Forcibly turns* the child into the breech\--feet first\--position;

-   *Pulls* the *living* child out of the mother by the leg until only
    the head is left inside;

-   *Stabs* the child in the base of the skull, and *sucks out* the
    brain with a vacuum;

-   *Pulls* the now-dead child out of the mother.

**[Pain Inflicted Upon Child]{.underline}:** It is well documented that
the partial-birth abortion procedure inflicts terrible pain upon the
baby being killed. In his testimony before the Constitution Subcommittee
on June 15, 1995, Professor Robert White, Director of the Division of
Neurosurgery and Brain Research Laboratory at Case Western Reserve
School of Medicine, stated that "\[t\]he fetus within this time frame of
gestation, 20 weeks and beyond, is fully capable of experiencing pain."
After specifically analyzing the partial-birth abortion procedure, Dr.
White concluded that "*\[w\]ithout question, all of this is a dreadfully
painful experience for any infant subjected to such a surgical
procedure."*

**[Partial Birth Abortion Practice]{.underline}:** It is a matter of
public record that this type of abortion is performed:

-   at least *several thousand times* per year in the United States;
    mainly on the *healthy babies of healthy mothers.*

-   primarily in the *fifth and sixth month* of pregnancy \-- that is
    the *second trimester* \-- although sometimes in the third
    trimester;

-   Contrary to past assertions, Ron Fitzsimmons, executive director of
    the National Coalition of Abortion Providers, admitted in 1997 that
    he and leaders of other pro-abortion groups were well aware that
    partial-birth abortions are performed routinely during the fifth and
    sixth months. "In the vast majority of cases, the procedure is
    performed on a healthy mother with a healthy fetus that is 20 weeks
    or more along," Mr. Fitzsimmons said. (*The NY Times*, 2/26/97)

**[Medical Necessity]{.underline}** Hundreds of ob-gyns and
fetal/maternal specialists, along with former Surgeon General Koop have
come forward to *unequivocally* state that "partial-birth abortion is
***never medically necessary to protect a mother's health or her future
fertility***." In fact, the procedure can significantly threaten a
mother's health or ability to carry future children to term. The
American Medical Association has said the procedure is "not good
medicine" and is "not medically indicated" in any situation.

**[Legislation]{.underline}** 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.

Three 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.
Legislation to ban partial-birth abortions was approved by the House and
the Senate in the 104^th^, 105^th^, and 106^th^ Congresses; the House
also approved a ban in the 107th Congress. Unfortunately, the two
federal bans that reached President Clinton's desk were vetoed. In the
106^th^ Congress, the House and Senate failed to reach a conference
agreement.

Last year, Chabot drafted new legislation to enact a meaningful ban on
partial-birth abortions while addressing issues raised by the Supreme
Court in *Stenberg v. Carhart.* To address *Stenberg,* last year\'s bill
and the Partial-Birth Abortion Ban Act of 2003 differ from earlier
versions of the 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.

Chabot, as Chairman of the Constitution Subcommittee, held a successful
subcommittee hearing and markup of the legislation in 2002. He also led
passage of the legislation in the House Judiciary Committee and on the
House floor. On July 24, 2002, Chabot's legislation passed the House by
a vote of 274-151 - garnering the support of 208 Republicans, 65
Democrats, and 1 Independent. Despite the strong bipartisan vote in the
House, the legislation was blocked in the Senate. In his State of the
Union address, President Bush again pledged to support the legislation
and said, "We must not overlook the weakest among us. I ask you to
protect infants at the very hour of their birth and end the practice of
partial-birth abortion."

Contrary to the continued assertions of partial-birth abortion
proponents, it is well documented that this type of abortion is
performed at least several thousand times per year in the United States;
mainly on the healthy babies of healthy mothers*.* In fact, Ron
Fitzsimmons, executive director of the National Coalition of Abortion
Providers, admitted in 1997 that he and leaders of other pro-abortion
groups were well aware that partial-birth abortions are performed
routinely during the fifth and sixth months. "In the vast majority of
cases, the procedure is performed on a healthy mother with a healthy
fetus that is 20 weeks or more along," Mr. Fitzsimmons said. (*The NY
Times*, 2/26/97) He estimated that 4,000-5,000 abortions annually are
performed by the partial-birth method.