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Partial-birth abortion ban hits snag over Roe v. Wade affirmation
BP Press ^ | 7/21/03

Posted on 07/21/2003 3:09:42 PM PDT by truthandlife

The legislative ban on partial-birth abortion has struck an impediment on the way to the White House.

Senate opponents of the bill are maneuvering to block passage or to include an amendment offensive to supporters in the final version of the Partial-birth Abortion Ban Act. Sens. Barbara Boxer, D.-Calif., and Tom Harkin, D.-Iowa, are leading an effort to kill the bill or to affirm legalized abortion in the final version, according to Roll Call, a Capitol Hill newspaper.

Six weeks after the House of Representatives overwhelmingly approved the ban, the measure still has not gone to a conference committee to report out a final bill. The House version approved June 4 did not include an amendment the Senate incorporated into its bill passed in March.

Senators had attached to their version a nonbonding resolution affirming the 1973 Roe v. Wade decision in which the Supreme Court legalized abortion nationwide. That resolution, offered by Harkin, expressed the Senate's belief that Roe v. Wade "was appropriate and secures an important constitutional right," and should not be reversed.

When House and Senate bills have differences, a conference committee of members from both houses is appointed to negotiate a final measure. The House has appointed its conferees, but the Senate has not, Roll Call reported.

While Boxer and Harkin would like to prevent final passage of the bill, they also would accept a ban that affirms Roe v. Wade.

"I want to make a stand in favor of Roe," Boxer said, according to Roll Call. "I have no intention of filibustering. But if we keep Roe in, we might be able to stop this bill." A filibuster is a legislative tactic designed to kill a bill through delay. It requires 60 votes to invoke cloture and end a filibuster.

At least some House pro-life members, however, have signaled they are unwilling to compromise in order to enact a ban on the grisly abortion procedure.

"Even in a sense of the Congress resolution that is non-binding, you're asking me to vote for something that's egregious to me," Rep. Lee Terry, R.-Neb., said, according to Roll Call. Including the Roe language would "basically send a message to the Supreme Court that's the opposite of the message we're trying to send," he said.

President Bush supports the ban, but there has been no indication if he would sign it into law if it included the Roe resolution.

The legislation would prohibit an abortion method that normally consists of the delivery of an intact baby feet first until only the head is left in the birth canal. The doctor pierces the base of the baby's skull with surgical scissors, then inserts a catheter into the opening and suctions out the brain. This typically occurs during the fifth or sixth month of pregnancy.

The House approved the ban with a 282-139 vote, while the Senate passed it 64-33. The Senate vote for the Roe resolution was 52-46, with nine Republicans joining 42 Democrats and an independent in the majority.

If it becomes law, the ban will mark the first time Congress has restricted a particular method since abortion was legalized by the Supreme Court in the Roe decision. Roe, combined with the Doe v. Bolton ruling released at the same time, had the effect of legalizing abortion throughout all stages of pregnancy for unlimited reasons.

Abortion-rights organizations, such as Planned Parenthood Federation of America and the National Abortion Federation, have promised to go to court to seek to block enforcement of the ban if it is signed into law.

It is likely the Supreme Court will make the final determination on the measure's legality if it becomes law. In 2000, the high court overturned a state law patterned after a federal ban approved by Congress but vetoed by President Clinton. The justices voted 5-4 to strike down a Nebraska ban on partial-birth abortion in its Stenberg v. Carhart opinion. The Nebraska measure was one of 27 state laws patterned after the federal legislation.

Congressional supporters of the ban drafted a new version that sought to address the court's contention the Nebraska law could have been interpreted to cover other abortion methods, as well as the justices' declaration the ban needed an exception for maternal health reasons. The bill provides more specific language on the procedure it seeks to prohibit. It also declares in its findings the method is neither safe for women nor necessary to preserve their health. It includes an exception to protect the mother's life.

If enacted, the ban would become federal law after eight years of effort. Congress twice adopted partial-birth abortion bans in the 1990s only to have Clinton veto them both times. In both 1996 and 1998, the House achieved the two-thirds majorities necessary to override Clinton's vetoes, but the Senate fell short.

The Southern Baptist Convention approved resolutions condemning the procedure in both 1996 and 2002. Last year, messengers easily passed a proposal from the floor calling for Bush to make enactment of a ban on the method a high priority. --30--


TOPICS: Front Page News
KEYWORDS: abortion; abortionlist; catholiclist; pba; pbaban2003; prolife; roe; sbc; senate; whitehouse

1 posted on 07/21/2003 3:09:42 PM PDT by truthandlife
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To: truthandlife
If Sen. Feinstein ever shows her face at one of those "Never Again" Holocaust Remembrance services, she should be confronted on why it is okay to continue this Holocaust against the Gentile unborn.
2 posted on 07/21/2003 3:16:19 PM PDT by BenR2 ((John 3:16: Still True Today.))
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To: BenR2
Sorry, on that post, please change "Feinstein" to read "Boxer."
3 posted on 07/21/2003 3:19:50 PM PDT by BenR2 ((John 3:16: Still True Today.))
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To: truthandlife
These dipsticks seem totally unaware that they will one-day stand tall before the Lord our God and answer for their leadership and deeds in this matter.
4 posted on 07/21/2003 3:52:16 PM PDT by Buffalo Bob
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To: truthandlife
It also declares in its findings the method is neither safe for women nor necessary to preserve their health. It includes an exception to protect the mother's life.

This is ridiculous. It correctly states that PBA is NOT necessary to preserve the mother's health and then includes an exception anyway. The exception is not necessary. No woman ever died because she couldn't get a partial-birth abortion.

5 posted on 07/21/2003 4:03:42 PM PDT by knuthom
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To: Buffalo Bob
Nope. Boxer and Feinstein will never make it to stand before the Lord. They are already irrevocably doomed to outer darkness and eternal damnation. No sense wasting His time with them.
6 posted on 07/21/2003 5:58:02 PM PDT by muawiyah
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To: muawiyah
Hey there. Though they certainly behave like the heathen now, you just never know...God often shocks the world by saving those the rest of us have written off.

The pro-abortion Dems are grasping at straws. This bill WILL pass. It WILL be signed into law. Imagine if they succeeded in killing it. Pro-lifers would come out of the woodwork and crawl over broken glass to proudly cast their vote for Bush next year.
7 posted on 07/21/2003 8:13:19 PM PDT by Zack Nguyen
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To: truthandlife
Sens. Barbara Boxer, D.-Calif., and Tom Harkin, D.-Iowa

Can we get an indictment here for accessory to commit murder?

8 posted on 07/21/2003 8:13:44 PM PDT by LiteKeeper
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To: truthandlife
Please see this review of Planned Parenthood and it's distinguished founder, Margaret Sanger, namesake of the annual Sanger Award.

Margaret Sanger's Eugenics

9 posted on 07/21/2003 8:25:52 PM PDT by StopGlobalWhining (Vote Bush 04 - Extend "assault weapons" ban - Support Open Borders - UN Global Governance -Kyoto USA)
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To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...

Please let me know if you want on or off my Pro-Life Ping List.

10 posted on 07/21/2003 10:38:47 PM PDT by cpforlife.org (Abortion? The spirit in the schools of one generation, is the spirit in the Government of the next.)
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To: truthandlife; cpforlife.org
For crying out loud
11 posted on 07/21/2003 10:43:00 PM PDT by nickcarraway
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To: MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; TenthAmendmentChampion; ...
Thousands of children are brutally murdered every year using the method known as Partial Birth Abortion. Virtually all are healthy children and many are mature enough to survive if born. Yet in this land of the free and home of the brave we elect people who think this SATANIC BRUTALITY is a protected right.

We are a sick people. Hitler and his group would be proud--but they would never have believed this could happen here.

These color illustrations (above) of a partial-birth abortion were prepared on the basis of an instructional paper by an Ohio abortionist, explaining step by step how he performs the procedure. These drawings accurately depict a partial-birth abortion being performed on a baby at 24 weeks gestational age. Most partial-birth abortions are performed in the 20-26 week range (the fifth and sixth months), and some are performed even later.

The Pain of Partial-Birth Abortion

During the first year after the Partial-Birth Abortion Ban Act was introduced in mid-1995, many opponents of the bill, such as NARAL's Kate Michelman and syndicated columnist Ellen Goodman, insisted that anesthesia given to the mother painlessly kills the babies before they are pulled feet-first from the womb and stabbed through the back of the skull. But in congressional testimony in 1996 -- virtually ignored by the news media -- this myth was emphatically refuted by the heads of the two major professional societies of anesthesiologists. Other experts testified that the babies are alive and fully capable of experiencing great pain during a partial-birth abortion. To learn more about the pain that partial-birth abortion inflicts on pre-mature human babies, and about the "anesthesia myth,"

Go to http://nrlc.org/abortion/pba/index.html for the latest.

In his book, "Notes on the State of Virginia," Jefferson said, writing as a lifelong slave owner,

"Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever."

Imagine what Jefferson would say today, in this ever darkening culture of death.

12 posted on 07/21/2003 11:12:36 PM PDT by cpforlife.org (Abortion is the Choice of Satan, a LIER and MURDERER from the beginning.)
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To: BenR2
she should be confronted on why it is okay to continue this Holocaust against the Gentile unborn.

I didn't know it was illegal for Jews to have abortions.

13 posted on 07/22/2003 3:54:15 AM PDT by Jim Noble
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To: Jim Noble
I didn't know it was illegal for Jews to have abortions.

/////
It isn't; some Jews have abortions, of course.

In the same manner, Hitler killed many Gentiles, but his chief victim group was the Jewish population. Today, although some Jewish babies are, of course, (tragically) aborted, the chief victim groups are Gentiles -- particularly blacks and Hispanics in terms of proportionality.

Today, abortion is a Gentile holocaust -- supported by our disproportionately Jewish Senate.

Let's not sugarcoat.
14 posted on 07/22/2003 5:09:25 AM PDT by BenR2 ((John 3:16: Still True Today.))
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To: truthandlife
That resolution, offered by Harkin, expressed the Senate's belief that Roe v. Wade "was appropriate and secures an important constitutional right,"

The "right to infanticide" which is found in article... um... I mean the penumbra of... uh... something or other. Whatever. Let's just agree to kill the babies, OK?

15 posted on 07/22/2003 5:14:09 AM PDT by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: Aquinasfan
It is well past time to agree to disagree and thus allow tacit approval of infanticide. This nation is in the process of being judge and found severely wanting ... and the vast majority have no inkling of their judgement now temporarily suspended. If the Boxers and Harkins of our elected bodies are successful, it will be as hocndoc satted when the Harkin 'non-binding addition was allowed to be added, 'Infanticide will be codified into law of the land as issuing now from the Congress not just the philosopher kings in black robes. [Tell me again, what happened to the worshippers of Molech? ... What was Almighty God's judgement against them? ... It is time to stop being cordial to the proponents of child slaughter, but the vast majority of Americans will shake their heads and mumble 'I'm not involved in that so I'm not injecting my opinion.']
16 posted on 07/22/2003 8:30:12 AM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN
... and the vast majority have no inkling of their judgement now temporarily suspended.

Yup. Like Sodom and Gomorrah.

17 posted on 07/22/2003 8:55:26 AM PDT by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: 2timothy3.16; MHGinTN; Coleus; nickcarraway; Mr. Silverback; Canticle_of_Deborah; Theodore R.
More details:

http://www.lifenews.com/nat49.html

Pro-Abortion Senators Stall Partial-Birth Abortion Ban

by Jill Boughton
LifeNews.com Staff Writer
July 21, 2003

Washington, DC (LifeNews.com) -- Both houses of Congress have finally passed legislation banning partial-birth abortion, a procedure so gruesome and unnecessary it is opposed by a large majority of Americans, even those who tend to value "choice" above life.

Unlike his predecessor, who swiftly vetoed it each time it reached his desk, President Bush has stated that passing this legislation is a priority for him. Why then is the bill still languishing, nearly three years after Republicans took control of the White House and Capitol Hill?

The simple answer is that a small number of pro-abortion Senators have pleased their well-heeled constituency by employing one delaying tactic after another.

In the Senate, pro-abortion Sen. Tom Harkin (D-IA) tacked on an amendment to the bill that put the Senate on record as supporting Roe vs. Wade. Because there was no such language in the House version, it has to go to a conference committee.

That committee should succeed in striking the pro-abortion amendment -- as soon as it is able to get to work.

Near the end of June, Senate Majority Leader Bill Frist put forth a motion to appoint Senators to the conference committee; Senate Democrats objected, taking two weeks to specify their objection. Finally Senators Harkin and Boxer (D-CA) put forward a motion to "instruct" conferees to keep his amendment. Boxer admitted in an interview with Roll Call magazine, "If we keep Roe in, we might be able to stop this bill." However, a majority vote on such an "instruction" is not binding on the conferees.

"The current bottleneck is with the appointment of conferees, but the whole business shows that Senator Daschle is writing an entire new book on obstructionist tactics," according to Michael Schwartz, legislative director for Concerned Women for America.

When the conference committee is appointed, pro-life conferees expect to be able to restore a "clean" ban, without the Harkin amendment. However, the conference report will have to be approved by both the Senate and the House, providing yet another opportunity for debate and delay. A spokesman for Harkin said he may end up filibustering the conference report.

Since 65 Senators are already on record in favor of the bill, the outcome is assured, but it will likely have to wait until representatives return from their summer recess, which begins at the end of this week.

President Bush will sign the ban once it reaches his desk, but three pro-abortion groups are coordinating efforts to challenge the it in federal courts.

"Lawyers from the three groups could file lawsuits challenging the measure 'within hours' of the law's enactment, said Priscilla Smith, who will be the lead attorney for the Center for Reproductive Rights' challenge."

Quite likely, one or more of these federal judges will prevent enforcement of the law until the issue is resolved. Litigation is likely to be lengthy, and the losing side will certainly appeal all the way to the Supreme Court.

Since the Supreme Court already ruled 5-4 against Nebraska's ban on partial-birth abortions, does this legislation stand a chance of passing judicial muster? We can always hope for a change in the composition of the Supreme Court in the interim, but it's easy to be pessimistic, observing the way Senator Daschle has used filibusters and other tactics to prevent the appointment of judges to lower courts who have the slightest suspicion of being pro-life.

However, this bill is different from Nebraska's in three ways:

It more carefully and clearly defines the exact procedure that is prohibited, making it more difficult for opponents to argue that Congress is attempting to ban a broad right guaranteed by the Constitution (or a retrospective 1973 reading of the Constitution).

It contains a lengthy section of "findings" refuting specious claims the Supreme Court put forth in its 2000 decision. These findings showing conclusively that partial-birth abortion is never, under any conceivable circumstances, necessary to protect the health of the mother.

Because it was passed by the U.S. Congress rather than a state legislature, it is subject to a higher standard of review. This means those who would reject the law have a greater burden of proof than they had in overturning a state law.

In the meantime, pro-lifers in Virginia, Michigan and Missouri are trying to craft laws that identify partial-birth abortion as illegal infanticide. It remains to be seen whether the courts will uphold such laws.

18 posted on 07/22/2003 12:08:56 PM PDT by cpforlife.org (Abortion is the Choice of Satan, a LIER and MURDERER from the beginning.)
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To: truthandlife; cpforlife.org
I'm getting confused, didn't both houses in Congress pass this legislation already and is now waiting for the president to sign it?

Why didn't the presidend sign this into law already?
19 posted on 07/22/2003 7:46:39 PM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: All
U.S. HOUSE JOINS SENATE IN APPROVING BAN ON PARTIAL-BIRTH ABORTION, SUPPORTED BY 70% OF PUBLIC -- BUT WILL FIVE SUPREME COURT JUSTICES AGREE?

http://www.nrlc.org/abortion/pba/HouseapprovesPBAban.html
20 posted on 07/22/2003 7:58:32 PM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: truthandlife
I pray for an end to this bloodshed. May God have mercy.
21 posted on 07/22/2003 8:06:45 PM PDT by Ferret Fawcet (Trust God's authority, not man's majority.)
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To: Coleus; truthandlife; All
Coleus,

Please look at the dates of the articles. The one you cited is June 4. The one I cite in # 18 is July 21, yesterday. I hate to be right here, but the article is accurate. There is a "snag" on this ban.

The DEMON-crats are trying everthing to stop it.
22 posted on 07/22/2003 8:59:27 PM PDT by cpforlife.org (Abortion is the Choice of Satan, a LIER and MURDERER from the beginning.)
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To: cpforlife.org
"When House and Senate bills have differences, a conference committee of members from both houses is appointed to negotiate a final measure. The House has appointed its conferees, but the Senate has not, Roll Call reported."
 
This is unbelievable....more red tape

23 posted on 07/22/2003 9:43:44 PM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: truthandlife; 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; ...
Freep your congressmen and Senators. Partial Birth Abortions is still the Law of the Land and continues as you read this. The bills from both houses of congress is now in a special conference committee since the wording wasn't the same in both bills. President Bush can not sign the bill into law until this process is completed.
24 posted on 07/23/2003 9:43:14 AM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: truthandlife
thanks for posting this, I called Santorum's DC office last night on this very issue.
25 posted on 07/23/2003 9:46:03 AM PDT by votelife (Free Bill Pryor)
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To: votelife
I can't believe all the complexities involved with these bills becoming laws. Who would think the PBA bill may not become the law of the land. Who do we blame, someone made a big mistake in the Senate for not writing the same language as was in the House bill?
26 posted on 07/24/2003 1:59:28 PM PDT by Coleus (God is Pro Life and Straight and gave an innate predisposition for self-preservation and protection)
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To: Coleus
somehow Harkin slipped in a pro-Roe amendment. Now it will likely take months, if not another election to sort this all out.

I've called Santorum and Sessions and told them to take out the pro-Roe language.
27 posted on 07/24/2003 2:48:40 PM PDT by votelife (Free Bill Pryor)
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To: votelife
bttt
28 posted on 07/27/2003 2:44:11 PM PDT by votelife (Free Bill Pryor)
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To: truthandlife
These people are unspeakably evil..

Totally, completely without merit here on earth.

I hope God loves & values them, because I certainly don't.

29 posted on 07/27/2003 2:52:11 PM PDT by Jhoffa_
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To: Buffalo Bob
These dipsticks seem totally unaware that they will one-day stand tall before the Lord our God and answer for their leadership and deeds in this matter.

Bob,
They do not serve the Lord God of Cration, they serve their lord, the god of death, destruction and eternal damnation. They have choosen the broad path to destruction, not the narrow path of salvation via the blood of the Lord God of Creation, Christ Jesus.

30 posted on 08/04/2003 10:48:16 AM PDT by 2timothy3.16
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To: Zack Nguyen
The pro-abortion Dems are grasping at straws. This bill WILL pass. It WILL be signed into law

And each day they offer up the lives of another hundred or so babies as blood sacrifices to their god satan.

31 posted on 08/04/2003 10:50:35 AM PDT by 2timothy3.16
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To: votelife
I called Santorum's DC office last night on this very issue.

What did they say that might give us some hope?

32 posted on 08/05/2003 7:27:02 PM PDT by StopGlobalWhining (Vote Bush 04 - Extend "assault weapons" ban - Support Open Borders - UN Global Governance -Kyoto USA)
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