Partial-Birth Abortion Ban Act Of 2003.pdf

Summary:

This act prohibits the procedure known as partial-birth abortion, where a physician delivers a living, unborn child partially from the womb for the purpose of killing it. The key points are:

- Moral and Medical Consensus: There is widespread agreement among medical professionals that this procedure is never medically necessary and is inhumane.

- Health Risks: Partial-birth abortion poses significant health risks to women, including long-term complications, and is not considered safer than alternative abortion methods.

- Supreme Court Ruling (Stenberg v. Carhart): In 2000, the Supreme Court struck down a Nebraska ban on partial-birth abortions, ruling that it placed an "undue burden" on women seeking abortions. The court relied on district court findings that the procedure was safe and necessary for some women's health.

- Congressional Findings: This act asserts that:
- Partial-birth abortion is never medically necessary to preserve a woman's health.
- It poses significant health risks to women.
- Alternative abortion procedures are safer and more standard in medical practice.
- The Stenberg court's findings were questionable and not supported by sufficient evidence.

- Legislative Authority: The act emphasizes Congress' right to make its own factual determinations regarding public health and safety, especially when these conflicts with Supreme Court interpretations of specific laws. It cites precedents like Katzenbach v. Morgan (1966) and Turner Broadcasting System, Inc. v. FCC (1994 & 1997) to support deference to congressional findings.