Partial-Birth Abortion Ban Act
The Partial-Birth Abortion Ban Act is a piece of legislation enacted in 2003 that criminalizes a specific abortion procedure known as dilation and extraction, often referred to by the controversial term "partial-birth abortion." This law emerged from a concerted campaign by pro-life advocates, beginning in 1995, and marks the first federal prohibition of an abortion method since the legalization of abortion in 1973. The act outlines the procedure and emphasizes the intent of the physician, imposing penalties for those who perform it. The legislation was signed into law by President George W. Bush after passing through Congress with bipartisan support, despite previous vetoes from President Bill Clinton.
The act has been the subject of significant legal scrutiny, culminating in the Supreme Court case Gonzales v. Carhart in 2007, which upheld its constitutionality. Opinions on the law vary widely, with some viewing it as a potential precursor to broader restrictions on abortion rights, while others express concern about government involvement in medical decision-making. Critics also argue that the health exceptions in the law may be too broad, potentially creating loopholes. Notably, the act has influenced how abortions are conducted post-first trimester, as physicians adopt alternative methods to mitigate legal risks. Overall, the Partial-Birth Abortion Ban Act continues to be a focal point in the ongoing debate surrounding reproductive rights in the United States.
Partial-Birth Abortion Ban Act
The Law: Federal legislation that banned abortions in which the fetus is partially delivered prior to the termination of the pregnancy
Date: Enacted on November 5, 2003
The Partial-Birth Abortion Ban Act sought to restrict a controversial abortion procedure known as dilation and extraction. In 1995, the National Right to Life Committee coined the term “partial-birth abortion” to describe the procedure and began a campaign to ban it. Their efforts culminated in the adoption of this legislation in 2003, the first federal law to criminally outlaw a method of abortion since the US Supreme Court legalized abortions in 1973.
Initially introduced in 1995 by US Representative Charles Canady, the Partial-Birth Abortion Ban Act was vetoed twice by President Bill Clinton in 1996 and 1997. Reintroduced by Senator Rick Santorum in 2003, Congress passed the act with bipartisan support, and President George W. Bush signed it into law. In addition to detailing the partial-birth abortion procedure, in which a fetus is partially delivered before a doctor punctures its skull to terminate the pregnancy, the act emphasized the physician’s intent. Doctors found guilty of intentionally carrying out a partial-birth abortion could be fined or jailed.
Like many aspects of the abortion debate, terminology holds political weight. Terms often used to describe this abortion procedure include partial-birth abortion, dilation and extraction, and intact dilation and evacuation. Pro-life and pro-choice proponents claim the medical and political superiority of their preferred terms, but the procedure largely remains the same. Regardless of terminology, this abortion method is most often performed during the second trimester and, according to the reproductive health nonprofit Alan Guttmacher Institute, accounted for 0.2 percent of all abortions performed in the United States.
Citing vague terminology and insufficient protection for women in cases where the mother’s health is in danger, opponents brought the law before the Supreme Court in Gonzales v. Carhart (2007). The court issued a close ruling in favor of the law, upholding its constitutionality and affirming that it provides adequate protection for women whose lives were at risk. Dissenters, including Justice Ruth Bader Ginsburg, voiced their opposition to the ruling, viewing the act as a threat to women’s health.
Impact
The importance of the Partial-Birth Abortion Ban Act has been interpreted variously. Some view the act as a step toward overturning Roe v. Wade, fearing the eventual outright illegalization of all abortion procedures. Others question the wisdom of allowing the government to interfere in the doctor-patient relationship. Still others view the act’s health exception for women as too lenient, since it includes mental as well as physical health concerns. They fear that these exceptions will create a loophole through which to obtain partial-birth abortions.
Most tangibly, the Partial-Birth Abortion Ban Act has altered the way doctors perform abortions after the first trimester of pregnancy. In order to protect themselves from liability, doctors have increased the use of an abortion method in which they first fatally inject the fetus with drugs prior to its extraction.
Bibliography
Feldt, Gloria. The War on Choice. New York: Bantam Dell, 2004. Print.
Johnson, Douglas. “The Partial-Birth Abortion Ban Act—Misconceptions and Realities.” National Right to Life Committee, 5 Nov. 2003. Web. 19 July 2012.
Rovner, Julie. “‘Partial-Birth Abortion:’ Separating Fact from Spin.” NPR. NPR, 21 Feb. 2006. Web. 19 July 2012.