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The
following statement was issued by the National Right to Life Committee
(NRLC) in Washington, D.C., on Wednesday, September 8, 2004. For further
information, call 202-626-8825, or visit the NRLC website at
http://www.nrlc.org/abortion/pba/index.html
Statement by National Right to Life
on the future of the Partial-Birth Abortion Ban Act
WASHINGTON (Sept. 8, 2004) -- What follows is a comment from the National
Right to Life Committee (NRLC) in Washington, D.C., regarding the future
of the Partial-Birth Abortion Ban Act in light of three recent adverse lower
court decisions, the most recent of which was handed down today by a federal
district court in Nebraska.
NRLC Legislative Director Douglas Johnson said: "Four years ago, five
justices of the Supreme Court said that Roe v. Wade allows abortion
providers to perform partial-birth abortions whenever they see fit, even on
healthy women with healthy babies, if the providers claim some 'health'
benefit. Future appointments to the Supreme Court will determine whether
partial-birth abortion remains legal. President Bush is determined to ban
partial-birth abortion, but John Kerry has vowed that he will appoint to the
Supreme Court only justices who share his views on abortion."
Senator Kerry voted against passing the Partial-Birth Abortion Ban Act every
chance he got -- six times.
President Bush signed the bill on November 5, 2003, saying that in
partial-birth abortion "a terrible form of violence has been directed
against children who are inches from birth." The Administration is
appealing the adverse rulings to higher courts.
In a ruling issued in New York on August 26, U.S. District Judge Richard C.
Casey said, "The Court finds that the testimony at trial and before Congress
establishes that D&X [partial-birth abortion] is a gruesome, brutal,
barbaric, and uncivilized medical procedure . . . [and finds] credible
evidence that D&X abortions subject fetuses to severe pain."
On May 20, Senator Sam Brownback (R-Ks.) and Congressman Chris Smith (R-NJ)
introduced the Unborn Child Pain Awareness Act (S. 2466, H.R. 4420). This
bill would require that abortionists provide women seeking any type of
abortion past 20 weeks with certain information regarding the capacity of
their unborn children to experience pain and regarding the availability of
pain-reducing drugs. For more information on the bill and on the issue of
fetal pain, see
http://www.nrlc.org/abortion/fetal_pain/index.html
The National Right to Life Committee maintains the most comprehensive
collection of documentation on partial-birth abortion available anywhere on
the Internet, at
http://www.nrlc.org/abortion/pba/index.html
For a good primer on what the Partial-Birth Abortion Ban Act does and does
not do, and on other disputed issues pertaining to partial-birth abortion,
see the memo "Partial-Birth Abortion: Misconceptions and Realities," here:
http://www.nrlc.org/abortion/pba/PBAall110403.html
A collection of key documents pertinent to medical issues surrounding
partial-birth abortion are posted here:
http://www.nrlc.org/abortion/pba/keymedical.html
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