The Partial Birth Abortion Law: A President's Signature

The Partial-Birth Abortion Ban Act of 2003 was signed into law by President George W. Bush on November 5, 2003, after an eight-year-long congressional fight. The law prohibits doctors from knowingly performing a partial-birth abortion, which is defined as a procedure in which a physician deliberately and intentionally vaginally delivers a living fetus until a specific point in the birthing process, after which an overt act is performed to kill the fetus. This act has been deemed by Congress as a gruesome and inhumane procedure that is never medically necessary and should be prohibited.

The Partial-Birth Abortion Ban Act of 2003

The statute prohibits a specific method of abortion, rather than preventing any woman from obtaining an abortion. It 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 law provides that a physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined, imprisoned for up to two years, or both. However, the law excludes criminal liability for the performance of partial-birth abortions that are necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury.

The Supreme Court's decision

The Partial-Birth Abortion Ban Act of 2003 was signed into law by President George W. Bush on November 5, 2003. The Supreme Court's decision to uphold the Act in 2007 was highly controversial and had a significant impact on the abortion debate in the United States.

However, the Supreme Court's decision was not without controversy. The Act had been challenged in the lower courts on the grounds that it lacked an exception to protect women's health, not just their lives. This omission was a significant concern for pro-choice groups and medical professionals, who argued that the lack of a health exception jeopardized women's health and placed doctors in a difficult position. The Court's decision was also criticized for departing from established abortion jurisprudence and for its potential to be a first step toward trying to outlaw all abortions.

The procedure

The Partial-Birth Abortion Ban Act of 2003 is a United States federal law that prohibits a specific method of late-term abortion known as "partial-birth abortion" or intact dilation and extraction. This procedure is performed during the second trimester, typically between 15 and 26 weeks, and involves the partial delivery of a living fetus before an act that causes its death.

The law defines "partial-birth abortion" as a method where the person performing the abortion "deliberately and intentionally vaginally delivers a living fetus" to a certain extent, depending on the presentation of the fetus. In a head-first presentation, the entire fetal head must be outside the mother's body. In a breech (feet-first) presentation, any part of the fetal trunk past the navel must be outside the mother's body.

At this point, an additional step is taken to kill the partially delivered fetus. This may involve crushing the skull, removing the brain by suction, or puncturing the back of the skull. This procedure is distinct from the more common alternative, which involves dismembering the fetus within the uterus before extraction.

The Partial-Birth Abortion Ban Act specifically targets the method of abortion rather than preventing women from obtaining abortions. It imposes penalties on physicians who perform partial-birth abortions, including fines, imprisonment of up to two years, or both. However, the law does provide an exception for cases where the procedure is necessary to save the life of the mother due to a physical disorder, illness, or injury.

The enactment of this law sparked intense debate and was challenged in court by abortion-rights supporters, who argued that it lacked an exception to protect women's health. In contrast, anti-abortion groups applauded the decision. The Supreme Court upheld the constitutionality of the law in 2007 in the case of Gonzales v. Carhart, marking a significant shift in abortion jurisprudence.

The political context

The Partial-Birth Abortion Ban Act of 2003 was signed into law by President George W. Bush on November 5, 2003. The Act prohibits a specific method of abortion, referred to in medical literature as "intact dilation and extraction", which can be performed during the second trimester, from 15 to 26 weeks.

In June 2000, the Supreme Court ruled in Stenburg v. Carhart that a Nebraska ban on so-called "partial-birth" abortions was unconstitutional because it did not provide an exception for the health of the mother. This ruling invalidated similar laws in 29 out of 31 states. Despite this setback, the House and Senate passed revised versions of the Partial-Birth Abortion Ban Act in July and March 2002, respectively. The bill was signed into law by President Bush in November 2003, after being passed by both chambers of Congress.

The enactment of the Partial-Birth Abortion Ban Act was met with immediate legal challenges, with three U.S. district courts declaring the law unconstitutional due to its omission of an exception for the health of the woman. These decisions were affirmed by three courts of appeals, and the Supreme Court agreed to hear the case in February 2006. In April 2007, the Supreme Court upheld the constitutionality of the Partial-Birth Abortion Ban Act in a 5-4 decision, Gonzales v. Carhart. The Court's decision was highly controversial and was criticised by abortion-rights groups and medical organisations, who viewed it as a step toward prohibiting abortion altogether.

The ethical debate

The Partial-Birth Abortion Ban Act of 2003 was signed into law by President George W. Bush on November 5, 2003, after an eight-year congressional battle. The Act prohibits doctors from performing a "partial-birth abortion", a procedure defined as one 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".

The case for the Partial-Birth Abortion Ban Act

The procedure is deemed a gruesome and inhumane procedure that is never medically necessary and should be prohibited. It is argued that the act of partial-birth abortion is a form of infanticide, as it involves the direct killing of an innocent human being, and is therefore immoral and unacceptable. The vulnerability of the unborn child is emphasised, and it is argued that the procedure violates the fundamental principles of human rights and the common good. The procedure is also criticised for its physical brutality, including the use of forceps and stabbing motions. Furthermore, the intention of the procedure is questioned, as it is believed that abortionists perform this procedure to skirt the law against homicide.

The case against the Partial-Birth Abortion Ban Act

Pro-choice groups object to the statute primarily because there is no exemption if the health of a woman is at risk. They argue that without a health exception, women could be forced to carry non-viable fetuses to term, which could leave them unable to carry a future pregnancy or exacerbate serious health conditions. Additionally, the term "partial-birth abortion" is not a medical term but a political one, and there is confusion and disagreement over the specifics of the procedure, including the number of procedures, the stage of pregnancy, and which procedures the law bans. The procedure may be necessary in cases where the woman's health is at risk or when the fetus shows signs of serious abnormalities that don't become apparent until late in the pregnancy.

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