Partial-Birth Abortion Ban Act of 1995

Great Seal of the United States (obverse)

Partial-Birth Abortion Ban Act of 1995 refers to a significant piece of United States federal legislation that sought to prohibit a specific procedure known as intact dilation and extraction (IDX), commonly referred to as "partial-birth abortion" by its opponents. This legislation was a focal point of the abortion debate in the United States, reflecting the broader conflict between pro-life and pro-choice advocacy groups over abortion rights.

Background

The term "partial-birth abortion" is not recognized by the medical community but was coined in the mid-1990s by groups opposing abortion. The procedure in question involves partially delivering a fetus before performing an abortion. The Partial-Birth Abortion Ban Act was introduced as a response to a perceived gap in federal law regarding late-term abortions, with proponents arguing that the procedure was inhumane and unnecessary.

Legislative History

The Partial-Birth Abortion Ban Act was first introduced in the United States Congress in 1995. It generated considerable debate, highlighting the deep divisions within American society on the issue of abortion. The Act passed in both houses of Congress but was vetoed by President Bill Clinton, who argued that the legislation did not include exceptions for the health of the mother, a key concern for many opponents of the bill.

Provisions of the Act

The Act sought to ban the use of the intact dilation and extraction procedure except in cases where the woman's life was in danger. It defined the procedure in medical terms and set penalties for physicians who performed it. Critics of the Act argued that its language was too vague and could be interpreted to ban other types of abortion procedures, potentially infringing on constitutional rights established under Roe v. Wade.

Legal Challenges and Supreme Court Involvement

The Partial-Birth Abortion Ban Act faced immediate legal challenges upon its introduction and subsequent attempts to pass it into law. The main argument against the Act was that it violated the United States Constitution by imposing an undue burden on a woman's right to choose an abortion. In 2000, the United States Supreme Court addressed a similar state law in Stenberg v. Carhart, finding that a ban on partial-birth abortion was unconstitutional without an exception for the health of the mother.

Impact and Continuing Debate

The debate over the Partial-Birth Abortion Ban Act highlighted the ongoing national conversation about abortion rights, the role of government in regulating medical procedures, and the ethical considerations surrounding late-term abortions. While the Act itself was part of a specific legislative effort, it represents a broader conflict over abortion that continues to evolve in the United States.

See Also

• Abortion in the United States
• Roe v. Wade
• Planned Parenthood v. Casey
• Stenberg v. Carhart