Administration Takes Right Stand on Ohio Partial-Birth Abortion Ban
For Immediate Release.
February 7, 2002 This
week in the U.S. Court of Appeals for the 6th Circuit, an
Ohio ban on a single late-term abortion procedure referred to in the
medical literature as intact dilation and extraction (D&X) or in
the common vernacular partial-birth abortion was questioned.
The Justice Department filed a “friend of the court” brief, a
nonbinding opinion, in support of Ohio’s ban on this procedure.
Both Attorney General John Ashcroft and the Bush Administration
should be lauded for the pro-life stance against this heinous method
to terminate an unborn child’s life.
Late-term abortions involve leaving only the head inside the
uterus after the rest of the baby’s body has been delivered followed
by the back of the baby’s skull being punctured with scissors and the
child’s brain being removed by suction.
Tragically, the Supreme
Court had earlier ruled in Nebraska (Stenberg v. Carhart) that
this late-term abortion ban commonly called partial birth abortion was
unconstitutional. There were
two reasons for the 5-4 decision on June 28, 2000:
first, it did not include an exception to protect the health
of the woman, and second, the language defining the procedure was too
broad and could have extended to another method of abortion beyond partial-birth
abortion. Since it did not comply with the 2000 Supreme
Court decision, the Ohio ban was stuck down by the U.S. District Court
for the Southern District of Ohio.
However, the Ohio partial-birth abortion ban “satisfies both
these requirements” by limiting the ban only to partial-birth abortions
and providing, “exactly the health exception required by the Supreme
Court” according to arguments in the Justice brief.
lower courts, and the Supreme Court are all wrong when they believe
that an intact D&X is the safest abortion procedure with regards
to protecting the mother’s health.
For an intact D&X that evaluates or attests to its safety,
there exist no credible studies. In medical textbooks the procedure is not recognized;
nor is it taught in medical schools or in obstetrics and gynecology
residencies. In fact, a risk
for potential complications associated with any surgical mid-trimester
termination that include uterine perforation, infection and hemorrhage
is always present for patients who undergo an intact D&X.
“Partial birth abortion (and all other forms of abortion)
has been heavily debated since the Supreme Court in Roe v. Wade asked when life begins,” stated
Dr. Joel P. Rutkowski, president of the American Voice Institute of
Public Policy. “Unfortunately,
the Supreme Court, when judging that landmark case, decided it could
not answer what it called ‘that difficult question.’
Through science, the answer is clear.
A fetus is a living individual.
A human heartbeat is detectable 24 days after conception, and
brain waves are detectable within 41 days.
Thus, from this standpoint a baby in the womb deserves Fourteenth
Amendment protection. Furthermore,
Constitutional protection is afforded the unborn child because in the
Preamble of the Constitution it indicates that this document is to secure
the Blessings of Liberty to ourselves and our Posterity which means
succeeding or future generations.”
For more information, visit Bush
Administration's Stand on Partial-Birth Abortion.
Joel P. Rutkowski, P.h.D.
President, The American Voice Institute Of Public Policy
to the American Voice Institute of Public Policy Home Page