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Partial
Birth Abortion Bans
Congressional Bans
Since Republicans gained control of Congress
there has been promised a partial-birth abortion ban. Congress has followed through
twice but has been unable to overcome the Presidential veto. The two attempted ban
bill had many similarities but the most notable two are the exception for the life of the
mother and the exclusion of the exception for health reasons. Here is a summary of
the bills and there legislative history as both followed the path of approval, veto, and
finally, a loss at the hands of the needed 2/3 majority.
1995 Federal Bill Banning Partial Birth Abortions
On June 14, 1995, the resolution HR1833 IH was introduced to
the House of Representatives. The bill was known as the "Partial-Birth Abortion
Ban of 1995." The bill, if passed would have illegalized partial birth
abortions as defined below and set a sentence of at least 2 years for person's who broke
this law. The bill allowed the exception in the case if "the partial-birth
abortion was necessary to save the life of the woman upon whom it was performed, and no
other form of abortion would suffice for that purpose." The bill states:
- (a) Whoever, in or affecting interstate or foreign commerce,
knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined
under this title or imprisoned not more than two years, or both
- (b) As used in this section, the term 'partial-birth abortion'
means an abortion in which the person performing the abortion partially vaginally delivers
a living fetus before killing the fetus and completing the delivery.
Senate hearings were held in November. Pro-abortion groups wanted the bill
modified to include health exception. Senator Boxer proposed an amendment that
allowed partial birth abortions "after viability where, in the medical judgment of
the attending physician, the abortion is necessary to preserve the life of the woman or
avert serious adverse health consequences to the woman." This amendment was not
included in the bill.
The House passed the bill in 1995 with 288 yeas to 139 nays.
The Senate passed the bill 54-44 on Dec. 7, 1995. President Clinton than
vetoed the bill on April 10, 1996.
Congress attempted to override the veto but after gaining
enough votes in the Housed they failed in the Senate with a vote of 57 to 41. The
needed number of votes was 67.
The Partial-Birth Abortion Ban Act of 1997
A new bill banning partial birth abortions was introduced in
early 1997. The bill, HR 1122, was very similar to the 1995 ban. It passed in
the House on March 20, 1997 by a wide margin of 295 to 136.
The bill moved on to the Senate but had been copied in a
Democratic version which allowed the exception for health reasons. The Republican
version was the same as was passed in the house. The AMA surprisingly put it's
support behind bill HR 1122 after the phrase "any accused physician [has] the right
to have his or her conduct reviewed by the State Medical Board before a criminal trial
commenced."
The Senate revised the bill and passed it on May 20, 1997,
but they had not included the health exception. The House then passed the Senate
version of the bill 296 to 132 on October 8, 1997. President Clinton vetoed the bill
on October 10, 1997. Again an over-ride was attempted. The House again had
enough votes for the 2/3 majority that was required and voted to override the veto on July
23, 1998. The Senate again was unable to get the needed 67 votes and the veto was
defeated 64 - 36, only 3 votes short.
The Future
The Republican's still promise a partial-birth abortion ban
but have lost much of the momentum after the results of the Fall, 1998 election left the
Republicans with less of a majority than the had held previously. The ban will
undoubtedly be attempted again, but it is obvious that they will have to overcome the veto
of President Clinton before a ban will become Law.
FAQ's
Procedure
State Laws
Congressional Ban Attempts
Partial Birth Abortion Index Page
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