Attempts to ban abortion procedures
NARAL Pro-Choice Ohio opposes bans on safe abortion procedures “Partial-birth abortion” is not a medically recognized term. Anti-choice extremists introduced this language to fool the general public and further restrict a woman’s fundamental right to choose. These bans are vague and impose criminal and civil penalties against physicians. The American College of Obstetricians and Gynecologists (ACOG) says such bans are “inappropriate, ill advised and dangerous.” 1. So-called PBA bans are unconstitutional
Legislation has been passed by the U.S. legislature and signed by President Bush that contains the same language as a Nebraska law struck down by the U.S. Supreme Court in June of 2000. In Stenberg v. Carhart, the court found the law to be unconstitutional for two reasons: (1) The lack of a health exception for the pregnant woman, and (2) the undue burden on a woman’s right to abortion. 2. So-called PBA bans do not contain a health exception
In 1973, Roe v. Wade ruled that when a state regulates abortion, a woman’s health must be paramount. The court also made clear that the law must allow the woman’s physician to exercise reasonable medical judgment. 3. So-called PBA bans unduly restrict a woman’s right to choose
The Supreme Court held that the PBA ban imposed an undue burden on the right to choose because it banned some safe and common abortion procedures. The language in the law is vague and covers a broad category of abortion procedures that are not necessarily late-term procedures, as ban proponents often suggest. The Court also ruled that this type of law could be used to harass physicians who provide abortion services and to deter others from doing so by fear of criminal and civil penalties. 4. Medical decisions should be made by women and their doctors
Medical decisions are often difficult and complex and depend on a variety of individual factors. Politicians are not trained to make medical decisions and should not regulate medicine in a way that undermines the safety of patients. Bans on so-called “partial-birth” abortion would take medical decisions out of the hands of women, their families, and their doctors, and give it to politicians. 5. President Bush was the first President in history to criminalize safe medical procedures
This is the first federal law since Roe v. Wade criminalizing abortion procedures. The law he signed is a broad ban that covers a range of procedures used as early as 12 or 13 weeks of pregnancy. The President and his allies did not even allow an exception to protect women's health — even though the Supreme Court says one is constitutionally required. Medical decisions are often difficult and complex and depend on a variety of individual factors. Politicians are not trained to make medical decisions and should not regulate medicine in a way that undermines the safety of patients. Bans on so-called “partial-birth” abortion would take medical decisions out of the hands of women, their families, and their doctors, and give it to politicians 6. So-called PBA bans are deliberately designed to erode the protections of Roe v. Wade.
Over the eight years since the federal bill was first introduced, the bill’s proponents have plainly stated that it is but one step toward their ultimate goal – eliminating the right to choose entirely. One well-known anti-choice leader, Randall Terry of the infamous Operation Rescue, described the bill as “a political scam and a public relations goldmine.” 7. The medical community opposes so-called PBA bans
Respected health organizations such as The American Medical Association, American College of Obstetricians and Gynecologists, the American Medical Women's Association, the American Nurses Association and the American Public Health Association do not support these bans.
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