Partial-Birth Abortion Ban Act of 2003

The Partial-Birth Abortion Ban Act of 2003, passed after years of emotional debate, has never been enforced due to court challenges. Three lawsuits were brought challenging the law before it was even signed by President Bush. This in itself is a highly unusual tactic considering the legislation hasn't even been signed. The opponents view this legislation as an attack on abortion. They don't understand that Congress voted two to one to ban a specific and exceedingly gruesome procedure.

To clarify what the Supreme Court is actually considering; The Partial-Birth Abortion Act of 2003 only prohibits a horriffic procedure, generally preformed in the second or even third trimester, in which the fetus is partially removed from the womb, and it's skull punctured or crushed. The definition of the Partial-Birth Abortion Act of 2003, defines partial birth as:

"Section 1531. Partial-birth abortions prohibited 1(b) As used in this section - 1 the term "partial-birth abortion" means an abortion in which the person preforming the abortion (a) deliberately and intentionally vaginally delivers a living fetus until, in the case of head-first-presentation, the entire fetal head is outside the body of the Mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside of the body of the Mother, for the purpose of performing an overt act that the peron knows will kill the partially delivered fetus; and (b) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus".

Congress provided that this ban would not apply in situation in which the Mother would be put at risk:

"This subsection does not apply to partial-birth abortion that is necessary to save the life of the Mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself."