Kara Sears
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late termination of pregnancy called partial-birth abortion, referred to in medical literature as intact dilation and extraction. 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. Sonia Sotomayor is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since August 8, 2009.
| Characteristics | Values |
|---|---|
| Name of Law | Partial-Birth Abortion Ban Act |
| Year of Enactment | 2003 |
| Enacted by | President George W. Bush |
| Enacted on | November 5, 2003 |
| Type of Law | Federal Law |
| Purpose | Prohibiting a form of late termination of pregnancy called "partial-birth abortion" |
| Punishment | Fine, imprisonment for not more than 2 years, or both |
| Exemption | When necessary to save the life of a mother |
| Definition of "Partial-Birth Abortion" | Vaginal delivery of a living fetus until the entire fetal head is outside the body of the mother in a head-first presentation, or any part of the fetal trunk past the navel in a breech presentation, followed by an act that kills the fetus |
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What You'll Learn
The Partial-Birth Abortion Ban Act of 2003
The Act amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion, except when necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. The Act defines "partial-birth abortion" as an abortion in which the person performing the abortion:
> "deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body, or, in the case of a breech presentation, any part of the fetal trunk past the navel is outside the mother's body; and performs the overt act, other than completion of delivery, that kills the partially delivered living fetus."
The Act also authorises the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus (if the mother is under 18) to take civil action. A defendant accused under this Act may seek a hearing before the State Medical Board to determine if the procedure was necessary to save the mother's life.
The Act's constitutionality was challenged immediately after its signing, with three U.S. district courts declaring it unconstitutional, citing the omission of an exception for the health of the woman. The Supreme Court, however, upheld the Act's constitutionality in 2007 in the case of Gonzales v. Carhart.
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The Supreme Court's Gonzales v. Carhart ruling
In 2007, the Supreme Court's Gonzales v. Carhart ruling upheld the Partial-Birth Abortion Ban Act of 2003, which prohibited a form of late termination of pregnancy called "partial-birth abortion". The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court.
The Supreme Court's decision upheld Congress's ban and held that it did not impose an undue burden on the due process right of women to obtain an abortion. The Court's ruling distinguished but did not overrule Stenberg v. Carhart (2000), in which the Court dealt with related issues. Gonzales v. Carhart was widely interpreted as signalling a shift in Supreme Court jurisprudence toward a restriction of abortion rights.
The Court found that there was "uncertainty [in the medical community] over whether the barred procedure is ever necessary to preserve a woman's health". In the past, the Court "has given state and federal legislatures wide discretion to pass legislation in areas where there is medical and scientific uncertainty".
The Court's ruling stated that the lower courts had repudiated a central premise of Casey – that the state has an interest in preserving fetal life – and the Court held that the ban fit that interest so as not to create an undue burden. The Court also held that the ban did not violate the Commerce Clause.
The Court left the door open for as-applied challenges, citing its recent precedent in Ayotte v. Planned Parenthood of New England. The Court decided to "assume... for the purposes of this opinion" the principles of Roe v. Wade and Planned Parenthood v. Casey.
Justice Anthony Kennedy wrote for the Court that the respondents had failed to prove that Congress lacked the authority to ban this abortion procedure. Chief Justice John Roberts, Justice Samuel Alito, Justice Clarence Thomas, and Justice Antonin Scalia agreed with the Court's judgement, joining Kennedy's opinion.
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Sonia Sotomayor's nomination to the Supreme Court
Sonia Sotomayor was nominated to the Supreme Court by President Barack Obama on May 26, 2009, and has served as an associate justice since August 8, 2009. She is the third woman, the first woman of colour, the first Hispanic, and the first Latina to serve on the Supreme Court.
Sotomayor was born in the Bronx, New York City, to Puerto Rican-born parents. She graduated summa cum laude from Princeton University in 1976 and received her Juris Doctor from Yale Law School in 1979, where she was an editor of the Yale Law Journal. She worked as an assistant district attorney in New York for four and a half years before entering private practice in 1984. Sotomayor played an active role on the boards of directors for the Puerto Rican Legal Defense and Education Fund, the State of New York Mortgage Agency, and the New York City Campaign Finance Board.
Sotomayor was nominated to the U.S. District Court for the Southern District of New York by President George H. W. Bush in 1991 and was confirmed in 1992. In 1997, she was nominated by President Bill Clinton to the U.S. Court of Appeals for the Second Circuit and was confirmed in 1998. On the Second Circuit, Sotomayor heard appeals in more than 3,000 cases and wrote about 380 opinions.
In May 2009, President Obama nominated Sotomayor to the Supreme Court following the retirement of Justice David Souter. Her nomination was confirmed by the Senate in August 2009 by a vote of 68–31. While on the Court, Sotomayor has supported the informal liberal bloc of justices when they divide along the commonly perceived ideological lines. During her Supreme Court tenure, Sotomayor has been identified with concern for the rights of criminal defendants and criminal justice reform. She is also known for her impassioned dissents on issues of race and ethnic identity.
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The medical procedure of partial-birth abortion
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late termination of pregnancy called "partial-birth abortion", referred to in medical literature as intact dilation and extraction. The procedure is used in the second trimester, from 15 to 26 weeks, most of which occurs before viability.
Partial-birth abortion is the term Congress has used to describe a procedure that crosses the line from abortion to infanticide. The doctor delivers a substantial portion of the living child outside his mother's body — the entire head in a head-first delivery or the trunk past the navel in a feet-first delivery — then kills the child by crushing the skull or removing the brain by suction.
The procedure involves removing the fetus intact by dilating a pregnant woman's cervix, then pulling the entire body out through the birth canal. It was developed as an alternative to dilation and evacuation, which can involve substantial blood loss and may increase the risk of lacerating the cervix, potentially undermining the woman's ability to bear children in the future.
In the Partial-Birth Abortion Ban Act, "partial-birth abortion" is defined as:
> An abortion in which the person performing the abortion, deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
The procedure is performed on a healthy mother and healthy fetus in the majority of cases. However, it is also carried out when the woman's health is at risk, or when the fetus shows signs of serious abnormalities, some of which don't become apparent until late in pregnancy.
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The ethics of partial-birth abortion
Partial-birth abortion, a term coined by Douglas Johnson of the National Right to Life Committee, is a procedure that involves the partial delivery of a living child before it is killed. This procedure is typically carried out during the middle and last months of pregnancy, when dismembering a child becomes more difficult due to stronger bones and ligaments.
The Partial-Birth Abortion Ban Act of 2003 is a United States law that prohibits this form of late-term abortion. The law states that any physician who "knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined... or imprisoned for not more than 2 years, or both". The act was upheld as constitutional by the U.S. Supreme Court in 2007.
The issue of partial-birth abortion is a highly contentious topic, with ethical implications on both sides of the debate.
Those who oppose partial-birth abortion argue that it is a gruesome and inhumane procedure that is never medically necessary. They believe that it poses serious risks to the long-term health of women and, in some cases, their lives. This view holds that the procedure crosses a moral line, as the child is almost completely delivered before being killed.
On the other hand, proponents of abortion rights argue that late-term abortions are necessary to end suffering, whether it is that of the baby with a fatal condition or the parents who cannot bear to witness it. They contend that refusing to perform these procedures would violate their professional ethics and conscience, as it would endanger the life and welfare of the pregnant individual.
The debate surrounding partial-birth abortion centres on conflicting ethical principles. The opposition to partial-birth abortion is rooted in the belief that the fetus has full moral status and rights from conception, viewing abortion as murder. In contrast, supporters of abortion rights emphasise the importance of individual autonomy, arguing that a woman has the right to make decisions about her own body and what is best for her and her family.
The Partial-Birth Abortion Ban Act does not make reference to gestational age or viability, and it is important to note that abortions occurring after 20 weeks account for a small percentage of all abortions. The ethical considerations become more complex as pregnancy progresses, and late-term abortions are often sought due to severe fetal conditions, domestic violence, or restricted access to abortion care.
Ultimately, the debate surrounding partial-birth abortion remains divisive, with passionate arguments on both sides.
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Frequently asked questions
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late termination of pregnancy called "partial-birth abortion", referred to in medical literature as intact dilation and extraction. Under this law, any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined or imprisoned for up to two years, or both.
Partial-birth abortion (PBA) is the term Congress has used to describe a procedure that crosses the line from abortion to infanticide. The doctor delivers a substantial portion of the living child outside his mother's body, then kills the child by crushing his skull or removing his brain by suction.
Sonia Sotomayor is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. In 2009, she was nominated by President Barack Obama to the Supreme Court. She is the third woman, the first woman of colour, the first Hispanic, and the first Latina to serve on the Supreme Court.
