Partial-Birth Abortion Ban Act

Partial-Birth Abortion Ban Act is a federal law that prohibits a specific type of late-term abortion procedure, known as intact dilation and extraction (IDX) or partial-birth abortion, as described by National Right to Life Committee and opposed by American Civil Liberties Union (ACLU) and Planned Parenthood. The law was enacted by the United States Congress and signed into law by President George W. Bush on November 5, 2003, with support from Republican Party (United States) and opposition from Democratic Party (United States). The law has been the subject of controversy and debate, with proponents, including National Conference of Catholic Bishops and Focus on the Family, arguing that it is necessary to protect the rights of the unborn, while opponents, including American Medical Association (AMA) and National Organization for Women (NOW), argue that it restricts access to necessary medical procedures, as discussed by Supreme Court of the United States in Gonzales v. Carhart.

● Introduction

The Partial-Birth Abortion Ban Act was first introduced in the United States House of Representatives in 1995 by Congressman Charles Canady and in the United States Senate by Senator Bob Smith (New Hampshire), with co-sponsorship from Senator Orrin Hatch and Senator Rick Santorum. The bill was supported by Pro-life movement organizations, including National Right to Life Committee and Family Research Council, and opposed by Pro-choice movement organizations, including Planned Parenthood and National Abortion Federation. The law was enacted after several years of debate and negotiation, with input from American College of Obstetricians and Gynecologists (ACOG) and American Academy of Pediatrics (AAP). The law has been the subject of numerous court challenges, including Stenberg v. Carhart, which was decided by the Supreme Court of the United States in 2000, with participation from Solicitor General of the United States Seth Waxman and Attorney General of the United States John Ashcroft.

● Legislative History

The Partial-Birth Abortion Ban Act was passed by the United States House of Representatives on October 2, 2003, with a vote of 281-142, and by the United States Senate on October 21, 2003, with a vote of 64-34, after being introduced by Congressman Mike Pence and Senator Sam Brownback. The bill was supported by Republican Party (United States) leaders, including Speaker of the United States House of Representatives Dennis Hastert and Senate Majority Leader Bill Frist, and opposed by Democratic Party (United States) leaders, including House Minority Leader Nancy Pelosi and Senate Minority Leader Tom Daschle. The law was signed into effect by President George W. Bush on November 5, 2003, at a ceremony attended by First Lady Laura Bush and White House Chief of Staff Andrew Card. The law has been praised by Pope John Paul II and United States Conference of Catholic Bishops, and criticized by American Civil Liberties Union (ACLU) and National Organization for Women (NOW), with participation from Human Rights Campaign and National Council of La Raza.

● Provisions of

the Act The Partial-Birth Abortion Ban Act prohibits the performance of a partial-birth abortion, which is defined as an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery, as described by Congressional Research Service and General Accounting Office. The law applies to all abortion procedures, including those performed in hospitals, clinics, and private medical offices, and has been supported by American Association of Pro Life Obstetricians and Gynecologists (AAPLOG) and Christian Medical Association (CMA). The law does not apply to procedures that are necessary to save the life of the mother, as certified by American College of Surgeons (ACS) and Society of Critical Care Medicine (SCCM). The law also does not apply to procedures that are performed before the fetus is viable, as determined by American Academy of Pediatrics (AAP) and Society for Maternal-Fetal Medicine (SMFM).

● Legal Challenges

The Partial-Birth Abortion Ban Act has been the subject of numerous court challenges, including Gonzales v. Carhart, which was decided by the Supreme Court of the United States in 2007, with participation from Solicitor General of the United States Paul Clement and Attorney General of the United States Alberto Gonzales. The law has been challenged on the grounds that it is unconstitutional and that it restricts access to necessary medical procedures, as argued by American Civil Liberties Union (ACLU) and Center for Reproductive Rights. The law has been upheld by several United States courts of appeals, including the United States Court of Appeals for the Eighth Circuit and the United States Court of Appeals for the Ninth Circuit, with participation from Judge Sandra Day O'Connor and Judge Anthony Kennedy. The law has also been criticized by United Nations (UN) and World Health Organization (WHO), with support from International Planned Parenthood Federation (IPPF) and Marie Stopes International.

● Impact and Controversy

The Partial-Birth Abortion Ban Act has had a significant impact on the abortion debate in the United States, with support from National Right to Life Committee and Family Research Council. The law has been praised by Pro-life movement organizations, including National Right to Life Committee and Focus on the Family, and criticized by Pro-choice movement organizations, including Planned Parenthood and National Organization for Women (NOW). The law has also been the subject of controversy, with some arguing that it restricts access to necessary medical procedures, as discussed by American Medical Association (AMA) and American College of Obstetricians and Gynecologists (ACOG). The law has been supported by Pope Benedict XVI and United States Conference of Catholic Bishops, and opposed by American Jewish Congress and National Council of Churches, with participation from Human Rights Campaign and National Association for the Advancement of Colored People (NAACP).

● Enforcement and Effectiveness

The Partial-Birth Abortion Ban Act is enforced by the United States Department of Justice, with support from Federal Bureau of Investigation (FBI) and United States Marshals Service. The law has been effective in reducing the number of partial-birth abortion procedures performed in the United States, as reported by Centers for Disease Control and Prevention (CDC) and Guttmacher Institute. The law has also been effective in increasing awareness of the abortion issue and promoting debate and discussion, as facilitated by C-SPAN and National Public Radio (NPR). However, the law has been criticized for its impact on access to necessary medical procedures, as argued by American Civil Liberties Union (ACLU) and Center for Reproductive Rights, with participation from Human Rights Watch and Amnesty International. The law has been supported by Republican Party (United States) and opposed by Democratic Party (United States), with input from Brookings Institution and Heritage Foundation. Category:United States federal legislation