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104TH CONGRESS

1ST SESSION H. R. 2087

To provide that human life shall be deemed to exist from conception.

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1995

Mr. STOCKMAN introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide that human life shall be deemed to exist from

conception.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sanctity of Life Act

5 of 1995’’.

6 SEC. 2. FINDINGS AND DECLARATION.

7 (a) FINDINGS.—Congress finds—

8 (1) that present day scientific evidence indicates

9 a significant likelihood that actual human life exists

10 from conception; and
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1 (2) that the fourteenth amendment to the Con2 stitution of the United States was intended to pro3 tect all human beings.

4 (b) DECLARATION.—Upon the basis of these find5 ings, and in the exercise of the powers of the Congress,

6 including its power under section 5 of the fourteenth

7 amendment to the Constitution of the United States, the

8 Congress hereby declares that for the purpose of enforcing

9 the obligation of the States under the fourteenth amend10 ment not to deprive persons of life without due process

11 of law, human life shall be deemed to exist from concep12 tion, without regard to race, sex, age, health, defect, or

13 condition of dependency; and for this purpose ‘‘person’’

14 shall include all human life as defined herein. Congress

15 further recognizes that each State has a compelling inter16 est, independent of the status of the unborn children

17 under the fourteenth amendment, in protecting the lives

18 of those within the State’s jurisdiction whom the State ra19 tionally regards as human beings.

20 SEC. 3. LIMITATION ON JURISDICTION.

21 (a) Chapter 81 of title 28, United States Code, is

22 amended by adding the following new section and renum23 bering any appropriate section accordingly:
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1 ‘‘§ 1260. Appellate jurisdiction; limitations

2 ‘‘Notwithstanding the provisions of sections 1253,

3 1254, and 1257 of this chapter, the Supreme Court shall

4 not have jurisdiction to review, by appeal, writ of certio5 rari, or otherwise, any case arising out of any statute, or6 dinance, rule, regulation, practice, or any part thereof, or

7 arising out of any Act interpreting, applying, enforcing,

8 or effecting any statute, ordinance, rule, regulation, or

9 practice, on the grounds that such statute, ordinance, rule,

10 regulation, practice, act, or part thereof (1) protects the

11 rights of human persons between conception and birth, or

12 (2) prohibits, limits, or regulates (A) the performance of

13 abortions or (B) the provision of public expense of funds,

14 facilities, personnel, or other assistance for the perform15 ance of abortions.’’.

16 (b) The section analysis of chapter 81 of title 28 is

17 amended by adding the following new item:

1260. ‘‘Appellate jurisdiction; limitations.’’.

18 SEC. 4. LIMITATION ON JURISDICTION.

19 (a) Chapter 85 of title 28, United States Code, is

20 amended by adding at the end thereof the following new

21 section and renumbering any appropriate section accord22 ingly:

23 ‘‘§ 1365. Limitations on jurisdiction

24 ‘‘Notwithstanding any other provision of law, the dis25 trict courts shall not have jurisdiction of any case or ques-
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1 tion which the Supreme Court does not have jurisdiction

2 to review under section 1260 of this title.’’.

3 (b) The section analysis at the beginning of chapter

4 85 of title 28 is amended by adding at the end thereof

5 the following new item:

‘‘1365. Limitations on jurisdiction.’’.

6 SEC. 5. EFFECTIVE DATE.

7 The provisions of this Act shall take effect imme8 diately upon enactment.

9 SEC. 6. SEVERABILITY.

10 If any provision of this Act or the application thereof

11 to any person or circumstance is judicially determined to

12 be invalid, the validity of the remainder of the Act and

13 the application of such provision to other persons and cir14 cumstances shall not be affected by such determination.

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