large
green
blank
smallBooks
barLeft

homeMenu aboutMenu initiatives JustFactsDaily FactApp   DonateMenu imagesBlank

Citation

 

"Abortion Basics." By James D. Agresti. Just Facts, September 24, 2008. Revised 6/25/13. http://justfacts.com/abortion.basics.asp

 

Finding what you want

 

» This research contains basic facts about abortion. For detailed facts, click here.

 

» Click on the footnote numbers for meticulous documentation of each fact.

 

» Quick Click to:

Science

Politics and Taxpayer Funding

Women's Health

Media

Parental Consent & Notification

Partial Birth

Constitution & Law

Live Births

 

Introductory Notes

 

One of the major battlegrounds for this issue concerns terminology. In keeping with our Standards of Credibility, the language used here is descriptive and precise. Hence, expressions such as "pro-life" and "pro-choice" are replaced by words that describe specific positions.

 

In accord with the journalism standard to "never use … a scientific word or a jargon word if you can think of an everyday English equivalent," [1] [2] the term used by Just Facts to describe the object of an abortion is "preborn human." This conveys reality in everyday language and is consistent with medical textbooks that use the word "human" when referring to life before birth.[3] [4] [5] [6]

 

Science

 

* The following are facts about human development.

 

Fertilization:

 

Fertilization normally takes place within one day of intercourse.[7] At fertilization, the genetic composition of a preborn human is formed.[8] This genetic information determines gender, eye color, hair color, facial features, and influences characteristics such as intelligence and personality.[9]

 


 

4 Weeks after Fertilization:

 

The heart is beating and a circulatory system is in place.[10] Specific brain components and internal organs such as the lungs are beginning to develop and can be identified.[11]

 


 

7 Weeks after Fertilization:

 

Muscles and nerves begin working together. When the upper lip is tickled, the arms move backwards.[12] The portion of the brain associated with consciousness has divided into halves.[13]

 

[14]


 

9 Weeks after Fertilization:

 

More than 90% of the body structures found in a full-grown human are present. The medical classification changes from an embryo to a fetus. From this point forward, most development involves growth in existing body structures instead of the formation of new ones.[15] [16]

 


 

10 Weeks after Fertilization:

 

All parts of the brain and spinal cord are formed. The heart pumps blood to every part of the body.[17] The whole body is sensitive to touch except for portions of the head. The preborn human makes facial expressions.[18]

 


 

11 Weeks after Fertilization:

 

[19]

 


 

16 Weeks after Fertilization:

 

The preborn human makes eye movements.[20]

 

[21]


 

18 Weeks after Fertilization:

 

The portion of the brain responsible for functions such as reasoning and memory has the same number of nerve cells as a full-grown adult.[22] [23]

 

 

[24]

 


 

20 Weeks after Fertilization:

 

The preborn human sleeps, awakes and can hear sounds.[25]

 

[26]

 

Up through approximately this point in time, according to the Supreme Court's rulings in Roe v. Wade and Planned Parenthood v. Casey, a pregnant woman can abort at will. (More details in the section on Constitution and Law.)

 


 

24 Weeks after Fertilization:

 

The grip is strong enough to hold onto an object that is moving up and down.[27] If born and given specialized care, the survival rate is more than 80%.[28]

 


 

32 Weeks after Fertilization:

 


(Premature infant – 3 days after birth)

 


 

38 Weeks after Fertilization:

 

Average point in time when humans are born.[29]

 

At any point prior to birth, according to the Supreme Court's rulings in Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey, a pregnant woman can abort to preserve her "health." One example from Roe v. Wade of what may be considered harmful to a mother's health is the work of caring for a child. (More details in the section on Constitution and Law.)

 

Politics and Taxpayer Funding

 

Party Platforms

 

* The 2008 Democratic Party Platform states that abortion should be generally legal, supports the Supreme Court ruling in Roe v. Wade, and supports the use of taxpayer funding to perform abortions.[30]

 

* The Republican Party Platform states that abortion should be generally illegal and supports a Constitutional Amendment that would assure preborn humans the right to life. It opposes "using public revenues to promote or perform abortion." [31]

 


Politicians

 

* In interviews conducted in August 2008, John McCain and Barack Obama were asked, "At what point does a baby get human rights?"

 

Barack Obama responded in part:

 

I think that whether you are looking at it from a theological perspective or a scientific perspective, answering that question with specificity, you know, is above my pay grade.[32]

 

John McCain responded in part:

 

At the moment of conception.[33]

 


 

* John McCain's 2008 presidential campaign web site states that "Roe v. Wade is a flawed decision that must be overturned…." [34]

 

* Barack Obama and Hillary Clinton have voiced support for Roe v. Wade and stated that this would be reflected in their appointments to the Supreme Court.[35] [36] [37] They have also stated that they support a ban on late term abortions, but only with an exception for the "health" of the mother.[38] [39]

 

* The Roe v. Wade verdict provides several examples of what may constitute a risk the health of the mother. These include the "stigma of unwed motherhood" and the "distress"  "associated with the unwanted child." Roe v. Wade and Doe v. Bolton, which were issued by the Supreme Court on the same day with the order that they "are to be read together," mandate that abortion be legal up until the point of birth if any one physician willing to perform an abortion decides it is necessary to preserve a mother's health.[40] [41] (More details in the section on Constitution and Law.)

 


Judicial Appointments

 

* The President of the United States appoints judges to the Supreme Court. These appointments must be approved by a majority of the Senate.[42] Once seated, federal judges serve for life unless they voluntarily resign or are removed through impeachment.[43]

 

* For implications relating to the appointment and approval of judges, see the section on Constitution and Law.

 

Women's Health

 

Deaths from Legal and Illegal Abortions

 

* The website of Planned Parenthood states:

 

In the two decades before abortion was legal in the United States, nearly one million women went "underground" each year for illegal operations. Thousands died for lack of medical care.[44]

 

* No sources are cited for the statements above. According to the U.S. Centers for Disease Control, whose death statistics from legal abortions have been accepted and used by Planned Parenthood,[45] [46] [47]  in the year before Roe v. Wade (1972), there were 39 deaths from illegal abortions. In the year after Roe v. Wade (1974), there were 26 deaths from legal abortions.[48]

 

* Citing data from the Centers for Disease Control, a Planned Parenthood Fact Sheet asserted that the "risk of death associated with childbirth is about 10 times as high as that associated with abortion." [49] [50] [51]

 

* From 1989 through 1992, the Centers for Disease Control reported zero abortion-related deaths in the state of Maryland.[52] [53] [54] [55]

 

* During 1989 in the state of Maryland:

 

- Erica Kae Richardson (16 years-old) was admitted to an emergency room on March 1st with a punctured uterus from an abortion carried out earlier that day at a clinic in Laurel, Maryland. She died shortly after midnight on March 2nd.[56] [57] [58] [59]

 

- Paramedics arrived at an abortion clinic in Suitland, Maryland on July 12th to find Debra M. Gray (34 years-old) in cardiac arrest after being administered anesthesia without the presence of an anesthesiologist. She was taken to a hospital and died three days later.[60]

 

- Paramedics arrived at an abortion clinic in Suitland, Maryland on September 10th to find Susanne Renee Logan (32 years-old) in cardiac arrest with an oxygen mask placed upside down on her face. It was found that she had been given anesthesia without the presence of an anesthesiologist. The paramedics resuscitated Ms. Logan, she stayed in a coma for four months, and was generally paralyzed until her death in 1992.[61] [62] [63]

 

- Gladys Estanislao, a 28-year-old college student, was found lifeless on a bathroom floor 17 days after undergoing an abortion procedure at a clinic in Bethesda, Maryland. Her autopsy revealed that the pregnancy was not in her womb but in her fallopian tube, which caused it to rupture and resulted in her death.[64] [65] [66] This condition, called an ectopic pregnancy, is screened by a blood test or ultrasound, has a mortality rate of 1 in 2,000, and is typically diagnosed on the first visit to a gynecologist.[67] [68] [69]

 


 

* In 1987, the New York City Commissioner of Health wrote a letter to abortion clinics warning them to be careful about using too much anesthesia. The letter stated:

 

During the period between 1981 and 1984, there were 30 legal abortion-related deaths in New York City.[70]

 

* For the same time period, the Centers for Disease Control reported a total of 42 legal abortion-related deaths in the United States.[71]

 

* If both of these numbers are accurate, it would mean that 71% of the legal abortion-related deaths in the United States occurred in one city where about 3% of the population lived.[72]

 


Effects on Future Pregnancies

 

* An "Abortion Services" page on Planned Parenthood's website states:

 

Abortion DOES NOT

• Cause premature birth, birth defects or low infant birth weight in future pregnancies

• Increase the chance of infant death in the future [73]

 

* A 2007 paper in the Journal of Reproductive Medicine cites 59 studies that exhibit an association between abortion and the risk of premature births in later pregnancies. In five of the largest and more recent of these studies, all found increases in premature births in women who had an abortion. All of these studies also found that this risk escalated when more than one abortion was performed.[74] Children born prematurely are at increased risks for early death, cerebral palsy, blindness, deafness and other health complications.[75]

 

Media

 

Terminology

 

* In April of 2007 at a political event in Iowa, John McCain stated:

 

I have a steadfast and strong advocacy and voting record in support of the rights of the unborn.[76]

 

* At the same event, Mike Huckabee stated:

 

 I'm not late in declaring that I believe life begins at conception and that we ought to protect human life…. [77]

 

* In an article about this event in the New York Times written by Adam Nagourney, it is stated that John McCain and Mike Huckabee "presented themselves as lifelong opponents of abortion rights." Four times in this article, candidates are characterized as opponents of abortion rights and never as supporters of rights for the unborn.[78]

 

* Media phraseology:

 

Phrase:

"opponent(s) of …

Number of times phrase was used in

New York Times (1981-current)

Washington Post

(1987-current)

Associated Press

(1982-current)

abortion rights"

151

44

61

gun rights"

1

0

1

property rights"

0

0

0

parental rights"

0

0

0

individual rights"

0

6

1

states' rights"

0

0

0

religious rights"

0

0

0

[79]

 


Accuracy

 

* Roe v. Wade and its accompanying ruling, Doe v. Bolton, mandate that abortion be legal up until the point of birth if any one physician willing to perform an abortion decides it is necessary to preserve a mother's "health." [80] [81]

 

* In January 2002, the Gallup polling organization reported:

 

 If Roe v. Wade is presented only as legalizing abortion in the first three months, support for the decision is much higher than if it is characterized as making abortion legal throughout pregnancy or for any reason.[82]

 

* Since this time, the Associated Press, Quinnipiac University, the Pew Research Center, NBC News, the Wall Street Journal, and Harris Poll have all conducted polls in which they characterized Roe v. Wade as making abortion legal in the first "three months of pregnancy." [83]

 

* In three articles published in 2007 and 2008, by the Associated Press asserted that the United States "permits abortions within the first 12 weeks of pregnancy." [84] Media outlets that carried one or more of these stories include ABC, CBS, MSNBC, Fox News, Yahoo News, AOL News, USA Today, the Los Angeles Times, Boston Globe, Washington Post, and more than 50 other local, state, national and international publications.[85]

 

Parental Consent & Notification

 

State Laws

 

* As of June 2008:

 

- 35 states have a law in effect that requires parental consent or notification for a minor to have an abortion.[86] [87]

 

-  7 states have a parental consent or notification law that is being blocked by a court.[88] [89]

 

- 8 states have no laws requiring parental consent or notification for abortions.[90]

 


 

* In the State of New Hampshire, it is against the law for anyone under 18 years of age to get a body piercing unless their parent or guardian is physically present when it is performed and signs a consent form.[91]

 

* In the State of New Jersey, it is against the law for anyone under 18 years of age to get a tattoo or body piercing without written consent from their parent or legal guardian.[92]

 

* In the State of California, it is against the law for anyone under 18 years of age to use a tanning machine without written consent from their parent or legal guardian.[93]

 

* In New Hampshire, New Jersey and California, it is legal for a girl of any age to get an abortion without her parent's consent or knowledge.[94] [95] [96]

 


Politics

 

* The Democratic Party Platform makes no explicit reference to parental consent or notification laws.[97] The Republican Party Platform supports parental notification laws and makes no explicit reference to parental consent laws.[98]

 

* John McCain is a cosponsor of a bill to prohibit transporting minors across state lines to evade state laws that require parental involvement in a minor's abortion.[99]

 

* Sarah Palin supports parental consent legislation and when Alaska's Supreme Court struck down such a law in a 3-2 decision, she backed a constitutional amendment aimed at restoring it.[100] [101] [102]

 

* On a 2001 vote in the Illinois Senate for a parental notification bill, Barack Obama voted "Present." [103] [104]

 

* Illinois Senate rules state that "a majority of those elected" must vote in favor of a bill for it to pass. Thus, a vote of "Present" has the same result as a vote of "No." [105]

 


Rape and Federal Law

 

* A 2000 U.S. Department of Justice study found that the incidence of forcible rape peaked at the ages of 14 and 15.

 

[106]

 

* Arkansas law requires written consent of a parent (not a step-parent) before an abortion is performed upon a female who is less than 18 years of age.[107] In 2006, a 15-year-old Arkansas girl accused her 41-year-old stepfather of raping her, getting her pregnant, forcing her to have an abortion in Illinois (where there is no parental consent or notification law in effect), and continuing to rape her afterwards.[108] [109] [110] [111]

 

* The girl's claim that she was taken to an abortion clinic in Granite City, Illinois was corroborated by a photo of her stepfather's car at this facility.[112] He was arrested, charged with a dozen counts of rape and committed suicide before trial.[113] [114]

 

* In 2006, the U.S. House of Representatives passed a bill that would have required abortion providers in states without parental involvement laws to give at least 24 hours notice to a parent before performing an abortion on a minor who resides in another state. This provision included exceptions for parental abuse, neglect, and if the physical health of the minor was endangered.[115] 93% of Republicans voted for it and 71% of Democrats voted against it. (Click for a record of how each Representative voted.)

 

* After being approved by the House, the bill was sent to the Senate where it was blocked by 37 Democrats, 4 Republicans, and 1 Independent. This included Hillary Clinton, Joe Biden, Barack Obama, Arlen Specter and Olympia Snowe. (Click for a record of how each Senator voted.)

 

Partial Birth

 

* Partial birth abortion, as explained in the New York Times, entails when a preborn human

 

is partly extracted from the birth canal, feet first, and the brain is then suctioned out.[116] [117]

 

* According to the executive director of the National Coalition of Abortion Providers, this procedure was typically performed at 20+ weeks.[118]

 

* Preborn human at 20 weeks after fertilization:

 

[119]

 

* During Bill Clinton's presidency, two bills to ban partial birth abortion were passed by Congress. In both cases, at least 90% of Republicans voted for the bill and more than 60% of Democrats voted against it. Clinton vetoed both of these bills and neither became law.[120] [121] [122] [123] [124] [125]

 

* During George W. Bush's presidency, Congress passed a bill to ban partial birth abortions with 95% of Republicans voting for it and 62% of Democrats voting against it. (Click for a record of how each Congressman voted.) Bush signed this bill into law in November 2003.[126] [127] [128]

 

* This law does not ban late-term abortions; only the partial birth procedure.[129] It does not prohibit giving a lethal injection to a preborn human and performing a partial birth abortion afterwards.[130] It does not prohibit dismemberment abortions, in which "the fetal limbs are pulled off the body in utero, sometimes while the fetus is still alive." [131] [132]

 

* After this law was enacted, several abortion providers challenged it in court.[133] In 2007, the U.S. Supreme Court upheld the law in a 5-4 vote.[134] Of the five Supreme Court justices who ruled to uphold the law, Barack Obama voted against the nomination of two of them and identified two of the others as judges he would not have nominated.[135] [136] [137] Of the four justices who voted to strike down the law, John McCain has identified all of them as judges he would not have nominated.[138]

 

* The day after the Supreme Court ruling was issued, Democrats in the U.S. Senate and House of Representatives introduced legislation that would overturn the ban on partial birth abortions.[139] [140] [141] [142] Barack Obama has stated that the "first thing" he would do as President is sign this bill into law.[143]

  

Constitution & Law

 

Roe v. Wade

 

* In March of 1970, a pregnant woman by the name of Norma McCorvey sued the state of Texas to challenge a state law that prohibited abortion except to save the life of the mother. McCorvey wanted to keep her identity secret and assumed the fictitious name Jane Roe. The name of the district attorney responsible for enforcing the law was Henry Wade. Thus, the case was entitled Roe v. Wade.[144] [145] [146]

 

* In 1973, the Supreme Court released its ruling. Seven of the judges ruled in favor of Roe and two of the judges opposed the ruling. The ruling overturned the laws of 30 states that prohibited abortion except to save the life of the mother.[147]

 


 

* The majority created rules regarding the types of abortion legislation that states could enact based upon the three trimesters of a typical pregnancy:

 

- First trimester: States cannot prohibit abortions. They can require that abortions be done by licensed physicians, but other than this, they cannot regulate the manner in which they are performed.[148]

 

- Second trimester: States cannot prohibit abortions. They can regulate the manner in which they are performed for the purpose of protecting the mother's health.[149]

 

- Third trimester: States can prohibit abortions after "viability" (meaning the point where a preborn human is capable of living outside their mother's womb), but cannot prohibit abortions "where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother." [150] The ruling cites examples of what may be considered harmful to a woman's health. These include the "stigma of unwed motherhood," the work of caring for a child, and the "distress" "associated with the unwanted child." [151] [152]

 


  Doe v. Bolton

 

* On the same day that the Supreme Court released Roe v. Wade, it issued another ruling in a case entitled Doe v. Bolton. The same seven judges who ruled in favor of Roe also ruled in favor of Doe, and the same two judges opposed the ruling.[153] The majority wrote that this ruling and Roe v. Wade "are to be read together." [154]

 

* In this case, the State of Georgia had a law prohibiting abortions unless the pregnancy would "seriously and permanently" injure the health of the mother.[155] A lower court struck down this law and the majority of the Supreme Court agreed. The ruling stated that abortion laws with exceptions for the health of the mother must allow for factors such as emotional health, psychological health, familial concerns, and the woman's age.[156]

 

* The Georgia law also required that the doctor who would perform the abortion, two other doctors, and a committee of the medical staff at the hospital where the abortion was to be done needed to agree that the abortion was necessary to preserve the health of the mother.[157] The Supreme Court struck this requirement down, ruling that only the doctor who would perform the abortion needs to determine that the abortion was necessary to preserve the health of the mother. Any abortion provider could make this decision based solely on their "best clinical judgment." [158]

 


  Planned Parenthood v. Casey

 

* In 1992, the Supreme Court decided a case entitled Planned Parenthood v. Casey. In this case, the majority reaffirmed the central element of Roe v. Wade, but did away with the "rigid trimester framework." [159]

 

* As in Roe v. Wade, the majority ruled that states cannot prohibit abortions prior to viability, and laws that prohibit abortion after viability must include an exception for the "health of the mother." [160] (With regard to viability, as of 2007, the youngest premature baby to survive was born at 21 weeks and 6 days gestation.[161])

 

* Contrary to Roe v. Wade, the majority ruled that states could enact laws that regulated abortion throughout pregnancy, as long as they did not create a substantial obstacle to obtaining an abortion. An example of what would be acceptable is a law requiring that doctors provide women with certain information before they perform abortions.[162]

 

Live Births

 

* A 2007 British study found that 3.2% of preborn humans aborted on the basis of diagnoses for conditions such as Down's Syndrome, heart defects, and kidney problems, survived for a median time of 80 minutes after birth, 36% of them for an hour or less, 6% for six hours or more.[163]

 

* The Encyclopedia of Human Biology states:

 

Attempts to suckle have been seen … in aborted fetuses of 3 months.[164]

 

* In 2003, a child was born in Britain at 24 weeks gestation following three abortion procedures. As of 2005, he is healthy and is the "first long-term abortion survivor" to be born this prematurely.[165] [166]

 

* Gianna Jessen was born in 1977 after surviving an abortion at seven-and-a-half months gestation.[167] [168] She has cerebral palsy as a result of the procedure.[169] She is now 31-years old and is a marathon runner, writer, singer, and "travels the world to campaign against abortion." [170]

 

 


Politics

 

* In July 2000, two registered nurses who worked in the labor and delivery unit of Christ Hospital in Oak Lawn, Illinois testified before a U.S. Congressional subcommittee. Both described instances at the hospital in which they had personally seen babies who were born alive after an abortion and left to die without any care or comfort provided.[171] [172] A spokesman for the hospital's parent corporation estimated that 10-20% of the abortions it performs on preborn humans with genetic defects result in live births for short periods of time.[173]

 

* In 2001 and 2002, identical bills were introduced in the Illinois legislature with three paragraphs of operative text stating that anyone "born alive at any stage of development" is considered a "person" under Illinois state law including those born as a result of "abortion." [174] [175] Barack Obama, as an Illinois state senator, voted against both of these bills.[176] [177]

 

* In 2002, the U.S. House of Representatives passed by a voice vote, the U.S. Senate passed by unanimous consent, and President Bush signed a bill stating that anyone "born alive at any stage of development" is considered a "person" under federal law including those born as a result of "abortion." [178] [179] [180]

 

Sources

 

[1] Book: Writing for Journalists. By Wynford Hicks, Sally Adams & Harriet Gilbert. Routledge, 1999. Page 125:

 

This emphasis on plainness and simplicity has been repeated by those who lay down the law about journalistic style. The Economist Pocket Style Book, first published in the 1980s, quotes George Orwell's 'six elementary rules' from his famous essay, 'Politics and the English Language', written in 1946. …

5. Never use a foreign phrase, a scientific word or a jargon word if you can think of an everyday English equivalent.

 

[2] Book: English for Journalists. By Wynford Hicks. Second edition. Routledge, 1998.

 

Page 73: "Jargon is specialized vocabulary, familiar to the members of a group, trade or profession. If you write for a newspaper or general magazine you should try to translate jargon into ordinary English whenever you can. … A common source of jargon is scientific, medical, government and legal handouts."

 

[3] Textbook: Before We Are Born - Essentials of Embryology and Birth Defects. By Keith L. Moore & T.V.N. Persaud. W.B. Saunders Company, 1998. Fifth edition.

 

Page 500: "The zygote and early embryo are living human organisms."

 

[4] Textbook: Human Life Before Birth. By Frank J. Dye. Harwood Academic Publishers, 2000.

 

[5] Textbook: Review of Medical Physiology. By William F. Ganong. 22nd edition. McGraw Hill, 2005. Page 259: "Exposure of human females to androgen in utero does not change the cyclic pattern…."

 

[6] Textbook: Pediatric Toxicology: Diagnosis and Management of the Poisoned Child. By Timothy B. Erickson, William R. Ahrens, Steven E. Aks, Carl R. Baum, Louis J. Ling. McGraw-Hill, 2005. Page 46: "The categories of human in utero exposure consist of maternal drugs of abuse…."

 

[7] Book: Color Atlas of Physiology. By Agamemnon Despopoulos & Stefan Silbernagl. Fifth edition. Thieme, 2003. Page 308: "Fertilization usually takes place on the first day after intercourse…."

 

[8] Book: Psychological Development and Early Childhood. By John Oates, Clare Wood & Andrew Grayson. Blackwell, 2005.Page 217 states that a 'genotype' is: "The complete set of genes present in an individual. The genotype is determined at fertilization when genetic information from the egg and sperm is combined. "

 

[9] Book: Mayo Clinic Guide to a Healthy Pregnancy. By the Mayo Clinic. Collins, 2004. Page 45 (section on fertilization): "This genetic material will determine your baby's sex, eye color, hair color, body size, facial features and – at least to some extent – intelligence and personality. … Your baby's sex is determined at the moment he or she is conceived."

 

[10] College textbook: Biology: Investigating Life on Earth. By Vernon L. Avila. Second edition. Jones and Bartlett, 1995.

 

Page 693: "First, the embryo has its own circulatory system, complete with a heart that started beating only 24 days after conception…."

 

[11] Book: Gray's Anatomy - The Anatomical Basis of Medicine and Surgery. Churchill Livingstone, 1995.

 

Page 329 states that at 21-27 days, "[P]rimary cerebral vesicles appear. … Rudimentary limb buds appear and the heart tubes fuse into a common loop in which contractile activity commences. The primordia of the thyroid gland, lungs, liver, pancreas, and mesonephric tubules are all identifiable."

 

[12] Book: The First Nine Months of Life. By Geraldine Lux Flanagan. Simon & Shuster, 1962. Second edition. Pages 52-53:

 

In the sixth and seventh weeks, nerves and muscles work together for the first time. If the area of the lips, the first to become sensitive to touch, is gently stroked, the baby, who then is still an embryo, responds by bending the upper body to one side and making a quick backward motion with the arms. This is called a "total pattern" response because it involves most of the body rather than the approximate local part."

 

{The details above are documented by photos. Page 52 notes, "All of the photographs in this book that show the movement of the baby are taken from" films made by Davenport Hooker at the University of Pittsburgh.}

 

[13] Book: Gray's Anatomy - The Anatomical Basis of Medicine and Surgery. Churchill Livingstone, 1995. Page 329 states that in the 6th and 7th weeks, "The pontine flexure, cerebral hemispheres and cerebellum are developing."

 

[14] Seven weeks after fertilization. Intrauterine picture taken under the direction of Professor Andrzej Skawina of Collegium Medicum Jagiellonian University (Krakow, Poland) and Antoni Marsinek of the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow, Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright: Life Issues.

 

NOTE: A number of different photographers have published intrauterine photos. We asked several such individuals if we could use their pictures, and Life Issues was the only one who gave us permission. The pictures from Life Issues look similar to those taken by the other photographers.

 

[15] Book: Gray's Anatomy - The Anatomical Basis of Medicine and Surgery. Churchill Livingstone, 1995. Page 95:

 

Page 95: "When mammalian embryos reach a certain size, growth rather than morphogenesis occurs. The embryo is referred to as a fetus; this occurs at 56-57 postovulatory days in humans when the onset of bone marrow formation in the humerus can be seen (Streeter 1949); at this stage more than 90% of the named structures of the adult body have appeared."

 

[16] Book: The First Nine Months of Life. By Geraldine Lux Flanagan. Simon & Shuster, 1962. Second edition. Page 48:

 

The appearance of the first bone cells marks the end of the embryonic period. This criterion was chosen by embryologists because the beginning bone formation coincides with the essential completion of the body.

 

[17] Article: "Fetus." By Frank D. Allan in the Encyclopedia of Human Biology. Academic Press, 1997. Volume 3. Page 955 states that in the tenth week:

 

Division of the heart into chambers is complete, and a definitive vascular system carries blood to and from all parts of the body. … All components of the brain and spinal cord are formed, and nerves link the stem of the brain and the spinal cord to all tissues and organs of the body.

 

[18] Book: The First Nine Months of Life. By Geraldine Lux Flanagan. Simon & Shuster, 1962. Second edition. Pages 53-54:

 

In the ninth and tenth weeks, if the baby's forehead is touched, he may turn his head away and pucker up his brow and frown. … [T]he entire body becomes sensitive to touch with a notable exception: the sides, back and top of the head.

 

[19] Eleven weeks after fertilization. Intrauterine picture taken under the direction of Professor Andrzej Skawina of Collegium Medicum Jagiellonian University (Krakow, Poland) and Antoni Marsinek of the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow, Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright: Life Issues.

 

NOTE: A number of different photographers have published intrauterine photos. We asked several such individuals if we could use their pictures, and Life Issues was the only one who gave us permission. The pictures from Life Issues look similar to those taken by the other photographers.

 

[20] Book: Embryology (Board Review Series). By Ronald W. Dudek & James D. Fix. Second edition. Lippincott Williams & Wilkins, 1998. Page 246 states that in weeks 13-16, "Eye movements begin."

 

[21] Sixteen weeks after fertilization. Intrauterine picture taken under the direction of Professor Andrzej Skawina of Collegium Medicum Jagiellonian University (Krakow, Poland) and Antoni Marsinek of the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow, Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright: Life Issues.

 

NOTE: A number of different photographers have published intrauterine photos. We asked several such individuals if we could use their pictures, and Life Issues was the only one who gave us permission. The pictures from Life Issues look similar to those taken by the other photographers.

 

[22] Paper: "Pain and its Effects in the Human Neonate and Fetus." By K.J.S. Anand & P.R. Hickey. New England Journal of Medicine, November 19, 1987.

 

Page 1322 states that "by 20 weeks each cortex has a full complement of 109 neurons."

 

NOTE: This article uses the obstetric method of counting from the last menstrual period as evidenced by the chart on page 1322, which uses a gestation of 40 weeks for pregnancy. Two weeks must be subtracted to provide the actual time since fertilization.

 

[23] Article: "Brain." New Millennium Encyclopedia. Simon and Shuster, 1999.

 

The cerebrum is the largest part of the human brain, making up approximately 85 percent of the brain's weight; its large surface area (cortex) and intricate development account for the superior intelligence of humans, compared with other animals. … A large part of the human cortex, the frontal area, is used for awareness, intelligence, and memory.

 

[24] Ultrasound taken on December 24, 1997. Gestational age (GA) is 19 weeks and 4 days counted from the last menstrual period. This falls under the category of 20 weeks after LMP and 18 weeks after fertilization.

 

[25] Article: "Fetus." American Medical Association Complete Medical Encyclopedia. Edited by Jerrold B. Leikin & Martin S. Lipsky. Random House, 2003. Page 558: "At 20 weeks, the fetus … now sleeps and wakes and hears sounds."

 

[26] Twenty weeks after fertilization. Intrauterine picture taken under the direction of Professor Andrzej Skawina of Collegium Medicum Jagiellonian University (Krakow, Poland) and Antoni Marsinek of the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow, Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright: Life Issues.

 

NOTE: A number of different photographers have published intrauterine photos. We asked several such individuals if we could use their pictures, and Life Issues was the only one who gave us permission. The pictures from Life Issues look similar to those taken by the other photographers.

 

NOTE: A number of different photographers have published intrauterine photos. We asked several such individuals if we could use their pictures, and Life Issues was the only one who gave us permission. The pictures from Life Issues look similar to those taken by the other photographers.

 

[27] Book: The First Nine Months of Life. By Geraldine Lux Flanagan. Simon & Shuster, 1962. Second edition. Page 71 states: "In the fifth and sixth months the grip becomes strong. This baby is holding a rod and moves his arm up and down as the rod is moved." {This is documented by a photo. Page 52 notes, "All of the photographs in this book that show the movement of the baby are taken from" films made by Davenport Hooker at the University of Pittsburgh.}

 

[28] Paper: "Very Low Birth Weight Outcomes of the National Institute of Child Health and Human Development Neonatal Research Network, January 1995 Through December 1996." By James A. Lemons et al., including Avroy A. Fanaroff. Pediatrics, January 2001. http://www.pediatrics.org/cgi/content/full/107/1/e1

 

Figure 3 is a bar graph of "Mortality before discharge by gestational age as estimated by best obstetrical estimate…." The term "obstetrical estimate" implies that the weeks are counted from LMP. To confirm, I wrote Dr. Fanaroff, and he replied: "We do not try to get to the issue of day of conception hence when we refer to gestational age we are always going back to the Last Menstrual Period." The graph indicates that the mortality rate at a gestational age (LMP) of 26 weeks is less than 20%. Hence, the survival rate at 24 weeks after fertilization is more than 80%.

 

[29] Textbook: Before We Are Born - Essentials of Embryology and Birth Defects. By Keith L. Moore & T.V.N. Persaud. W.B. Saunders Company, 1998. Fifth edition. Page 109: "The expected date of delivery (EDD) of a fetus is 266 days, or 38 weeks, after fertilization; that is, 280 days, or 40 weeks, after LNMP (Table 7-1)." 

 

[30] 2008 Democratic Party Platform: "Renewing America's Promise." Democratic National Committee, August 25, 2008. http://www.presidency.ucsb.edu/ws/index.php?pid=78283

 

The section entitled "Choice" states:

 

The Democratic Party strongly and unequivocally supports Roe v. Wade and a woman's right to choose a safe and legal abortion, regardless of ability to pay, and we oppose any and all efforts to weaken or undermine that right.

 

The Democratic Party also strongly supports access to comprehensive affordable family planning services and age-appropriate sex education which empower people to make informed choices and live healthy lives. We also recognize that such health care and education help reduce the number of unintended pregnancies and thereby also reduce the need for abortions.

 

The Democratic Party also strongly supports a woman's decision to have a child by ensuring access to and availability of programs for pre- and post-natal health care, parenting skills, income support, and caring adoption programs.

 

[31] 2008 Republican Platform. Republican National Convention, August 26, 2008. http://www.gopplatform2008.com/2008Platform.pdf

 

[32] Article: "Barack Obama, John McCain discuss faith, issues at Saddleback Church forum." By Maeve Reston and Seema Mehta. Los Angeles Times, August 17, 2008. http://www.latimes.com/news/nationworld/nation/la-na-saddleback...

 

[33] Article: "Barack Obama, John McCain discuss faith, issues at Saddleback Church forum." By Maeve Reston and Seema Mehta. Los Angeles Times, August 17, 2008. http://www.latimes.com/news/nationworld/nation/la-na-saddleback...

 

[34] Web page: "Human Dignity and the Sanctity of Life." John McCain 2008. Accessed June 20, 2008. http://www.johnmccain.com/Informing/issues/...

 

John McCain believes Roe v. Wade is a flawed decision that must be overturned, and as president he will nominate judges who understand that courts should not be in the business of legislating from the bench.

 

Constitutional balance would be restored by the reversal of Roe v. Wade, returning the abortion question to the individual states. The difficult issue of abortion should not be decided by judicial fiat.

 

However, the reversal of Roe v. Wade represents only one step in the long path toward ending abortion. Once the question is returned to the states, the fight for life will be one of courage and compassion - the courage of a pregnant mother to bring her child into the world and the compassion of civil society to meet her needs and those of her newborn baby. The pro-life movement has done tremendous work in building and reinforcing the infrastructure of civil society by strengthening faith-based, community, and neighborhood organizations that provide critical services to pregnant mothers in need. This work must continue and government must find new ways to empower and strengthen these armies of compassion. These important groups can help build the consensus necessary to end abortion at the state level. As John McCain has publicly noted, "At its core, abortion is a human tragedy. To effect meaningful change, we must engage the debate at a human level."

 

[35] "Obama Statement on 35th Anniversary of Roe v. Wade Decision." January 22, 2008. http://www.barackobama.com/2008/01/22/...

 

Thirty-five years after the Supreme Court decided Roe v. Wade, it's never been more important to protect a woman's right to choose. Last year, the Supreme Court decided by a vote of 5-4 to uphold the Federal Abortion Ban, and in doing so undermined an important principle of Roe v. Wade: that we must always protect women's health. With one more vacancy on the Supreme Court, we could be looking at a majority hostile to a women's fundamental right to choose for the first time since Roe v. Wade. The next president may be asked to nominate that Supreme Court justice. That is what is at stake in this election. …

 

This anniversary reminds us that it's not enough to protect the gains of the past – we have to build a future that's filled with hope and possibility for all Americans.

 

[36] Speech: "Barack Obama before Planned Parenthood Action Fund." July 17, 2007. Transcribed by Laura Echevarria. http://lauraetch.googlepages.com/barackobamabeforeplanned...

 

I have worked on these issues for decades now. I put Roe at the center of my lesson plan on reproductive freedom when I taught Constitutional Law. …

 

On this fundamental issue, I will not yield and Planned Parenthood will not yield.

 

[37] Press Release: "On Anniversary Of Roe, Clinton Announces Agenda For Reproductive Health Care. Hillary for President, January 22, 2008. http://www.hillaryclinton.com/news/release/view/?id=5404

 

When I'm President, I will appoint judges to our courts who understand that Roe v. Wade isn't just binding legal precedent, it is the touchstone of our reproductive freedom, the embodiment of our most fundamental rights, and no one - no judge, no governor, no Senator, no President - has the right to take it away.

 

[38] Article: "Q&A: Barack Obama." Interview by Sarah Pulliam and Ted Olsen. Christianity Today, January 23, 2008. http://www.christianitytoday.com/ct/2008/januaryweb-only/104-32.0.html

 

"Ultimately, women are in the best position to make a decision at the end of the day about these issues. With significant constraints. For example, I think we can legitimately say — the state can legitimately say — that we are prohibiting late-term abortions as long as there's an exception for the mother's health. Those provisions that I voted against typically didn't have those exceptions, which raises profound questions where you might have a mother at great risk."

 

[39] Article: "Clinton Seeking Shared Ground Over Abortions." By Patrick D. Healy. New York Times, January 25, 2005. http://www.nytimes.com/2005/01/25/nyregion/25clinton.html

 

"Mrs. Clinton supported a proposed ban on late-term abortions as long as it included an exception to protect the health of the mother; in turn, she has opposed such a ban when it lacked that exception."

 

[40] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section XI:

 

For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

 

Section VIII:

 

Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.

 

Section XI:

 

In Doe v. Bolton, post, p. 179, procedural requirements contained in one of the modern abortion statutes are considered. That opinion and this one, of course, are to be read together.

 

[41] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

Section IV:

 

C. … the medical judgment may be exercised in the light of all factors -- physical, emotional, psychological, familial, and the woman's age -- relevant to the well-being of the patient. All these factors may relate to health. …

 

D. The appellants next argue that the District Court should have declared unconstitutional three procedural demands of the Georgia statute: … (2) that the procedure be approved by the hospital staff abortion committee; and (3) that the performing physician's judgment be confirmed by the independent examinations of the patient by two other licensed physicians. …

 

We conclude that the interposition of the hospital abortion committee is unduly restrictive of the patient's rights and needs that, at this point, have already been medically delineated and substantiated by her personal physician. …

 

There remains, however, the required confirmation by two Georgia-licensed physicians in addition to the recommendation of the pregnant woman's own consultant (making under the statute, a total of six physicians involved, including the three on the hospital's abortion committee). We conclude that this provision, too, must fall.

 

The statute's emphasis, as has been repetitively noted, is on the attending physician's "best clinical judgment that an abortion is necessary." That should be sufficient. The reasons for the presence of the confirmation step in the statute are perhaps apparent, but they are insufficient to withstand constitutional challenge. … If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment. … If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment.

 

[42] Constitution of the United States. Signed September 17, 1787. Enacted June 21, 1788. http://justfacts.com/constitution.asp

 

Article 2, Clause 2, Section 2:

 

[The President] with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court….

 

[43] Constitution of the United States. Signed September 17, 1787. Enacted June 21, 1788. http://justfacts.com/constitution.asp

 

Article III, Section 1:

 

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour….

 

Article II, Section 4:

 

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

 

Article I, Section 2, Clause 5:

 

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

 

Article I, Section 3, Clause 6:

 

The Senate shall have the sole Power to try all Impeachments. … And no Person shall be convicted without the Concurrence of two thirds of the Members present.

 

[44] Web page: "Five Ways to Prevent Abortion (And One Way That Won't)." Planned Parenthood. January 1, 2004. Updated 9/22/06. http://www.plannedparenthood.org/issues-action/abortion/...

 

[45] Fact Sheet: "Abortion after the First Trimester." Planned Parenthood. Accessed October 2002 at http://www.plannedparenthood.org/

 

Presently the death rate from abortion at all stages of gestation is 0.6 per 100,000 procedures (Paul et al., 1999).

 

NOTE: "Paul et al., 1999" is a secondary source that cites the CDC. See next note.

 

[46] Book: A Clinician's Guide to Medical and Surgical Abortion. By Maureen Paul & others. Churchill Livingstone, 1999. Page 19:

 

In the United States mortality [from abortion] was (per 100,000) 2.6 during the period 1972-1976, 0.9 in 1977-1981, 0.7 in 1982-1986, and 0.6 in 1987-1991 (based on deaths reported by the CDC and number of abortions from AGI).

 

NOTE: This corresponds to the figure for subsequent years quoted in the next note.

 

[47] Document: "Abortion Surveillance Fact Sheet." National Center for Chronic Disease Prevention & Health Promotion, Centers for Disease Control, updated June 7, 2002. http://www.cdc.gov/od/oc/media/pressrel/fs020606b.htm

 

The case-fatality rate for known legal induced abortion for 1993 to 1997 was 0.6 deaths per 100,000 legal abortions.

 

[48] Report: "Abortion Surveillance -- United States, 1996." By Lisa M. Koonin and others. Division of Reproductive Health, National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control, July 30, 1999. http://www.cdc.gov/mmwr/preview/mmwrhtml/ss4804a1.htm

 

Table 19.

 

NOTE: The data in this source and the sources cited in the next note come from different divisions of the CDC and are at variance with one another due to methodological dissimilarities. It was necessary to use data from both divisions because the data from this source only goes back to 1972 and the sources in the next note do not isolate legal vs. illegal abortion-related deaths.

 

[49] Fact Sheet: "Abortion after the First Trimester." Planned Parenthood. Accessed October 2002 at http://www.plannedparenthood.org.

 

Presently the death rate from abortion at all stages of gestation is 0.6 per 100,000 procedures (Paul et al., 1999). The risk of death associated with childbirth is about 10 times as high as that associated with abortion (AGI, 1998).

 

NOTE: "Paul et al., 1999" and "AGI, 1998" are secondary sources that cite the CDC. See next two notes.

 

[50] Book: A Clinician's Guide to Medical and Surgical Abortion. By Maureen Paul & others. Churchill Livingstone, 1999. Page 19:

 

In the United States mortality [from abortion] was (per 100,000) 2.6 during the period 1972-1976, 0.9 in 1977-1981, 0.7 in 1982-1986, and 0.6 in 1987-1991 (based on deaths reported by the CDC and number of abortions from AGI).

 

[51] Web page: "Facts in Brief \Induced Abortion." Guttmacher Institute. Accessed October 2002 at http://www.agi-usa.org/

 

The risk of death associated with childbirth is about 10 times as high as that associated with abortion. …

 

The data in this fact sheet are the most current available. Most are from research conducted by the Guttmacher Institute and/or published in its peer-reviewed journals. An additional source is the Centers for Disease Control and Prevention.

 

NOTE: The url at which this source was previously located contains a newer version of this web page that does not make the claim that "risk of death associated with childbirth is about 10 times as high as that associated with abortion." [Web page: "Facts on Induced Abortion in the United States." Guttmacher Institute, July 2008. http://www.guttmacher.org/pubs/fb_induced_abortion.html]}

 

[52] Report: "Vital Statistics of the United States, 1989. Volume II – Mortality, Part A." National Center for Health Statistics, Centers for Disease Control and Prevention, 1993. http://www.cdc.gov/nchs/data/vsus/mort89_2a.pdf

 

Page 13 (in pdf):

 

SYMBOLS USED IN TABLES

Data not available               ---

Category not applicable      . . .

Quantity zero                      —

 

Page 262 (page 277 in pdf): "Table 1-25. Deaths From 282 Selected Causes, by Race — United States and Each State: 1989."

 

Cause of death

Maryland (all races)

Legally induced abortion

 

NOTE: Abortion-related mortality data provided by the CDC's National Center for Health Statistics is at variance with that provided by CDC's Division of Reproductive Health due to methodological dissimilarities. The National Center for Health Statistics is only cited here because the Division of Reproductive Health does not break down their national data on a state-by states basis. In July 2008, Just Facts filed a Freedom of Information Act Request with the CDC for this data and is awaiting a response.

 

[53] Report: "Vital Statistics of the United States, 1990. Volume II – Mortality, Part A." National Center for Health Statistics, Centers for Disease Control and Prevention, 1994. http://www.cdc.gov/nchs/data/vsus/mort90_2a.pdf

 

Page 262 (page 278 in pdf): "Table 1-25. Deaths From 282 Selected Causes, by Race — United States and Each State: 1990."

 

Cause of death

Maryland (all races)

Legally induced abortion

 

[54] Report: "Vital Statistics of the United States, 1991. Volume II – Mortality, Part A." National Center for Health Statistics, Centers for Disease Control and Prevention, 1996. http://www.cdc.gov/nchs/data/vsus/mort91_2a.pdf

 

Page 262 (page 278 in pdf): "Table 1-25. Deaths From 282 Selected Causes, by Race — United States and Each State: 1990."

 

Cause of death

Maryland (all races)

Legally induced abortion

 

[55] Report: "Vital Statistics of the United States, 1992. Volume II – Mortality, Part B." National Center for Health Statistics, Centers for Disease Control and Prevention, 1996. http://www.cdc.gov/nchs/data/vsus/mort92_2b.pdf

 

Page 320 (Page 327 in pdf): Table 8-6: "Deaths From 72 Selected Causes, by 10-Year Age Groups, Race, and Sex."

 

Maryland, Cause of Death:

Pregnancy with abortive outcome

Female (total of all age groups)

White

All other

Black

 

[56] Autopsy number 89-593: "Erica Richardson." By Julia C. Goodin & others. Office of the Chief Medical Examiner, State of Maryland, June 28, 1989. Autopsy performed on March 3, 1989. Page 1:

 

DESCRIPTION OF INJURY

 

Close examination of the anterior portion of the uterus showed a large irregular perforation of the anterior lower uterine wall which extended into a portion of the cervix.

 

Page 5:

 

OPINION: This, 16 year old black female, ERICA RICHARDSON, died from rupture of lower uterus and cervix with complications, including hemorrhage into the pelvic cavity surrounding the uterus and air embolism (air escaping into the vasculature and heart). According to police reports, the deceased was known to have been pregnant and this is consistent with autopsy findings. However, she had undergone and evacuation [abortion] procedure which resulted in perforation of the uterus.

 

[57] Article: "Teen's death after abortion brings suit." By Larry Perl. Prince George's Journal Weekly, May 30-31, 1990.

 

The malpractice suit claims that on the evening of March 1, 1989, Dr. Gene Crawford punctured 16-year-old Erica Kae Richardson's uterus and cervix — then left her "bleeding to death" on an operating table in his Laurel office for four hours, without monitoring vital signs.

 

At 10:45 p.m., Crawford carried Richardson to her aunt's car and told the aunt to "take [her] home and out her to bed," the suit states. … The aunt, deciding that her niece needed "emergency treatment," drove to Bowie Health Center, where Richardson was rushed into the emergency room at 11 p.m., in respiratory arrest, and died shortly after midnight the suit states. …

 

Richardson's mother … referred questions to the attorneys. … Donald McLaughlin said Richardson's aunt, Denise Crarey, helped Richardson get an abortion without telling Richardson's mother. McLaughlin added that though Crarey and Richardson's mother are sisters, they have "a very strained relationship." Crarey, a registered nurse, took Richardson first to Washington Hospital Center, which wouldn't perform the abortion because Richardson was too far along in her pregnancy, McLaughlin said.

 

[58] Article: "Mother is suing doctor: Daughter died after abortion." By Melanie Mader. Laurel Leader, June 29, 1990. Pages A1, 3. Page 3: "Richardson-Smith was unaware that her daughter was having an abortion until the Bowie medical center called her, McLaughlin said."

 

[59] Press release: "Human Life International Claims Maryland Health Department 'Ignores, Covers-Up' Abortion Deaths." PR Newswire, November 21, 1991.

 

Erica Richardson, 16, died March 2, 1989, just hours after an abortion was performed upon her by Dr. Gene O. Crawford at his Metropolitan Women's Center, 9811 Mallard Dr., Laurel, Md.

 

[60] Article: "2 Tragedies Raise Doubts About Suitland Clinic; Abortion Patient, Left Paralyzed, Files Suit." By Retha Hill. Washington Post, August 13, 1990. Page A1. http://www.washingtonpost.com/

 

[61] Article: "2 Tragedies Raise Doubts About Suitland Clinic; Abortion Patient, Left Paralyzed, Files Suit." By Retha Hill. Washington Post, August 13, 1990. Page A1. http://www.washingtonpost.com/

 

[62] Article: "Botched-abortion victim dies in Baltimore." Washington Times, December 2, 1992.

 

Susanne Logan, the Forestville woman who was paralyzed in a botched 1989 abortion at a Suitland clinic, died in Baltimore yesterday of complications from pneumonia, just three weeks after she won a multimillion-dollar settlement in her case.

 

[63] Article: "Pneumonia-Diseases. By Robert Baird. American Chronicle, March 02, 2008. http://www.americanchronicle.com/articles/53715

 

[Pneumonia] is often the final complication of some other debilitating disorder, and this is why many people who get pneumonia die. Any one whose resistance is already low is very susceptible to pneumonia, so for people who are dying of heart failure, cancer, stroke or chronic bronchitis, the actual cause of death is often pneumonia. In anyone who is semi­conscious or paralyzed, infection of the lungs is extremely likely. This is because under such conditions the normal coughing reflex that keeps the lungs clear of mucus and stagnant fluid is reduced, or even absent.

 

[64] Book: Victims of Choice. By Kevin Sherlock. Brennyman Books, 1996. Page 134:

 

Gladyss Estanislao. This 28-year-old married Filipina woman, a legal secretary who lived in Prince George's County, died May 12, 1989, 17 days after Alan Ross reportedly performed a vacuum abortion on her at the Wisconsin Avenue Women's Health Care Center in Bethesda. Ross reportedly failed to diagnose Gladyss was ectopically pregnant, and then he reportedly botched the abortion.

 

Sources cited: Ms. Estanislao's death certificate and a 12/5/91 article in The Wanderer. {Note the discrepancy with the source below regarding the type of abortion procedure.}

 

[65] Article: "Sudden Death due to Rupture of Ectopic Pregnancy Concurrent With Therapeutic Abortion." By Ling Li & John E. Smialek. Archives of Pathology & Laboratory Medicine, July 1993. Pages 698-700. Page 698:

 

In 1989, a case of sudden death secondary to EP [ectopic pregnancy] was investigated by the Office of the Chief Medical Examiner for the State of Maryland, Baltimore.

 

Page 699:

 

In 1989, a 28-year-old female college student was found unresponsive on the bathroom floor near her classroom. … the subject was transported to a local hospital where she was pronounced dead on arrival.

 

Further investigation revealed that the woman had been seen at a clinic for a missed abortion 17 days before her death and underwent a dilation and curettage [abortion procedure]. No surgical specimen was sent to the laboratory for pathologic examination before she left the clinic. …

 

… A 0.3 cm rupture site was located on the lateral surface [of the left fallopian tube], surrounded by hemorrhagic tissue.

 

[66] Editorial: "Ectopic Pregnancy in Association With Induced Abortion: Message for the Pathologist." By Jane W. Hardman & others. Archives of Pathology & Laboratory Medicine, July 1993. Pages 696-697. Page 696:

 

Admittedly, in each of these cases there was a failure on the part of clinicians to recognize the clinical signs of ectopic pregnancy and to follow up with the patients accordingly.

 

Page 697:

 

In summary, recommendations that are already in place, had they been followed in the cases reported by Drs Li and Smialek, should have prevented the deaths of three young women.

 

[67] Article: "Pregnancy." Contributor: Lynn J. Romrell (Ph.D., Associate Dean for Education and Professor of Anatomy and Cell Biology, University of Florida College of Medicine). World Book Encyclopedia, 2007 Deluxe Edition.

 

An ectopic pregnancy occurs when a fertilized egg implants itself outside the uterus, usually inside the fallopian tube, the tube through which the egg passes on its way from the ovary to the uterus. The developing baby cannot survive in an ectopic pregnancy. The pregnancy may be fatal to the mother if untreated.

 

[68] Book: Essentials of Medical Ultrasound: A Practical Introduction to the Principles, Techniques and Biomedical Applications. Edited by Michael H. Repacholi and Deirdre A. Benwell. Humana Press, 1982. Chapter 5: "Clinical Applications of Diagnostic Ultrasound. By Edward A. Lyons. Page 176:

 

An important diagnosis to make it that of an ectopic pregnancy. If the pregnancy test is positive and the uterus is empty, one may be able to visualize [via ultrasound] a mass in the tube. In that instance the diagnosis of ectopic is almost 100% certain.

 

[69] Textbook: Ultrasound and the Fallopian Tube. Edited by Ilan E. Timor-Tritsch & Asim Kurjak. Parthenon Publishing Group, 1996. Chapter 5: "Conservative management of ectopic pregnancy based on color Doppler studies." By F. Bonilla Musoles & others. Page 29:

 

One of the explicit advantages of the modern pregnancy tests … is that they can be employed in the emergency room or in the office of the gynecologist. This definitely presents an advantage since, in applying this pregnancy test followed by an office ultrasound examination of the pelvis, a fast and almost always reliable diagnosis of the presence or absence of an abnormal or normal intrauterine pregnancy can be made. In the case of an ectopic pregnancy, the chances of making the diagnosis during the first visit to the gynecologist's office or the emergency room are high.

 

Page 51:

 

Even with techniques currently available, ectopic pregnancy … results in death for one of every 2000 women affected.

 

The incidence of ectopic pregnancies varies between 0.5 and 1% of all pregnancies.

 

Page 52:

 

In most published reports about ectopic pregnancies, the diagnosis is established by [a specialized blood test] in patients with a positive pregnancy test in whom an intrauterine [in the uterus] gestational sac, with or without recognizable embryonic structures, cannot be seen by ultrasound examination.

 

[70] Book: Victims of Choice. By Kevin Sherlock. Brennyman Books, 1996. Pages 166-7 contain a photocopy of this letter. It is from Stephen C. Joseph, New York City's Commissioner of Health, and is dated June 5, 1987.

 

[71] Report: "Abortion Surveillance -- United States, 1996." By Lisa M. Koonin and others. Division of Reproductive Health, National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control, July 30, 1999. http://www.cdc.gov/mmwr/preview/mmwrhtml/ss4804a1.htm

 

Data extracted from Table 19:

 

Year

Legal abortion-related deaths

1981

8

1982

11

1983

11

1984

12

Total

42

 

[72] Calculated with data from:

 

1) "City of New York & Boroughs: Population & Population Density from 1790." Demographia. Accessed August 2008 at http://www.demographia.com/dm-nyc.htm

 

The population of New York City (all five boroughs; not just Manhattan) in 1980 was 7,072,000.

 

2) Web page: "Historical National Population Estimates:  July 1, 1900 to July 1, 1999." U.S. Census Bureau, April 11, 2000. Revised June 28, 2000. http://www.census.gov/popest/archives/1990s/popclockest.txt

 

The population in the USA in 1980 was 227,224,681.

 

CALCULATION:

 

7,072,000 people in New York City / 227,224,681 people in the U.S. = 3.1%.

 

30 legal abortion-related deaths in New York City / 42 legal abortion-related deaths reported by the Centers for Disease Control = 71.4%.

 

[73] Web page: "Abortion Services." Planned Parenthood of Nassau County. Accessed June 28, 2008 at http://www.plannedparenthood.org/nassau-county/abortion-services-...

 

[74] Paper: "Cost consequences of induced abortion as an attributable risk for preterm birth and impact on informed consent." By Byron C. Calhoun, Elizabeth Shadigian & Brent Rooney. Journal of Reproductive Medicine, October 2007. Pages 929-937. http://www.ncbi.nlm.nih.gov/pubmed/17977168?dopt=Abstract

 

Page 930:

 

Fifty-nine studies were reviewed for preterm birth and links to abortion…. From this review, we selected 5 of the most recent, representative studies with an association between induced abortion and preterm birth as detailed examples of the 59 studies published in Appendix B….

 

Pages 930-931:

 

Five large, recent, international studies have shown an association of prior abortions to preterm delivery3,6-9 (Table IV), and 50 studies over the last 50 years have shown a statistically significant association (Appendix B). All of the studies found a statistically significant increase in preterm births before 32 weeks for women undergoing at least 1 first-trimester abortion, with the ORs [odds ratios] ranging from 1.3 to 2.5.3,6-9 Women undergoing [two or more] abortions had an even larger risk of preterm birth, with ORs ranging from 1.8 to 5.2.3,6-9.

 

[75] Fact Sheet: "Preterm Birth." March Of Dimes, February 2007. http://www.marchofdimes.com/

 

Premature birth is a serious health problem. Premature babies are at increased risk for newborn health complications, as well as lasting disabilities, such as mental retardation, cerebral palsy, lung and gastrointestinal problems, vision and hearing loss, and even death. Many premature babies require care in a neonatal intensive care unit (NICU), which has specialized medical staff and equipment that can deal with the multiple problems faced by premature infants. …

 

All premature babies are at risk for health problems, but those born before about 32 weeks of gestation face the highest risk.

 

[76] Transcript: "Senator John McCain at the Republican Party of Iowa, Abraham Lincoln Unity Dinner." Democracy in Action, George Washington University, April 14, 2007. http://www.gwu.edu/~action/2008/ia0407/mccain041407spt.html

 

America stands for an ideal that all people are endowed by their Creator with certain unalienable rights to life, liberty and the pursuit of happiness. I know what it's like to live without those rights and I have an obligation to advocate them where ever they are denied. In Bosnia or in Burma in Cuba or in the Middle East and in our own country when we fail to respect the inherent dignity of all human life, born or unborn, and that's why for 24 years, without changing, without wavering, I have a steadfast and strong advocacy and voting record in support of the rights of the unborn.

 

[77] Transcript: "Former Governor Mike Huckabee at the Republican Party of Iowa, Abraham Lincoln Unity Dinner." Democracy in Action, George Washington University, April 14, 2007. http://www.gwu.edu/~action/2008/ia0407/huck041407spt.html

 

I'm not late in declaring that I believe life begins at conception and that we ought to protect human life and that's one of the reasons that I am a Republican today, because it was the only party that gave people like me a voice and a choice.

 

[78] Article: G.O.P. Candidates Lay Into Democrats, Not One Another." By Adam Nagourney. New York Times, April 15, 2007. http://www.nytimes.com/2007/04/15/us/politics/15lincoln.html?...

 

[79] Just Facts searched the New York Times and Washington Post on July 11, 2008 and the Associated Press on August 16th through LexisNexis. Note that some articles contain the quoted phrases more than once, and thus, the numbers cited may represent an undercount. The Washington Post archive does not contain articles published in the previous 14 days. Searches for "opponent(s) of states' rights" were also performed for the spelling variant "opponent(s) of states rights".

 

[80] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section VIII:

 

Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.

 

Section XI:

 

In Doe v. Bolton, post, p. 179, procedural requirements contained in one of the modern abortion statutes are considered. That opinion and this one, of course, are to be read together.

 

Section XI:

 

For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

 

[81] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

Section IV:

 

C. … the medical judgment may be exercised in the light of all factors -- physical, emotional, psychological, familial, and the woman's age -- relevant to the well-being of the patient. All these factors may relate to health. …

 

D. The appellants next argue that the District Court should have declared unconstitutional three procedural demands of the Georgia statute: … (2) that the procedure be approved by the hospital staff abortion committee; and (3) that the performing physician's judgment be confirmed by the independent examinations of the patient by two other licensed physicians. …

 

We conclude that the interposition of the hospital abortion committee is unduly restrictive of the patient's rights and needs that, at this point, have already been medically delineated and substantiated by her personal physician. …

 

There remains, however, the required confirmation by two Georgia-licensed physicians in addition to the recommendation of the pregnant woman's own consultant (making under the statute, a total of six physicians involved, including the three on the hospital's abortion committee). We conclude that this provision, too, must fall.

 

The statute's emphasis, as has been repetitively noted, is on the attending physician's "best clinical judgment that an abortion is necessary." That should be sufficient. The reasons for the presence of the confirmation step in the statute are perhaps apparent, but they are insufficient to withstand constitutional challenge. … If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment. … If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment.

 

[82] Article: "Public Opinion About Abortion -- An In-Depth Review: The Pro-Choice/Pro-Life Divide." By Lydia Saad. Gallup, January 22, 2002. Page 3. http://www.gallup.com/poll/9904/Public-Opinion-About-Abortion-...

 

[83] Web page: "Abortion and Birth Control. PollingReport.com. Accessed July 2008 at http://www.pollingreport.com/abortion.htm

 

Associated Press-Ipsos (November 2004):

 

The 1973 Supreme Court ruling called Roe v. Wade made abortion in the first three months of pregnancy legal.

 

Quinnipiac University (December 2004):

 

The 1973 Supreme Court ruling called Roe. v. Wade made abortion in the first three months of pregnancy legal. Do you think President Bush should nominate Supreme Court justices who would uphold the Roe. v. Wade decision, or nominate Supreme Court justices who would overturn the Roe v. Wade decision?

 

Pew Research Center/Pew Forum on Religion & Public Life (November 2006): 

 

In 1973 the Roe versus Wade decision established a woman's constitutional right to an abortion, at least in the first three months of pregnancy.

 

NBC News/Wall Street Journal (December 2005):

 

The Supreme Court's 1973 Roe versus Wade decision established a woman's constitutional right to an abortion, at least in the first three months of pregnancy.

 

Harris Poll (October 2007):

 

In 1973, the U.S. Supreme Court decided that states laws which made it illegal for a woman to have an abortion up to three months of pregnancy were unconstitutional, and that the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide.

 

[84] There are other Associated Press articles that used the same verbiage. The three listed below were chosen as exemplars:

 

1) Article: "Vatican Pushing Mexico in Abortion Fight." By Julie Watson. Associated Press, March 23, 2007. http://www.breitbart.com/article.php?id=D8O232M80&show_article=...

 

Most Latin American countries, including Mexico, allow abortion if the woman's life is in danger or in cases of rape or incest. In November, Nicaragua bans abortion in all cases. Cuba permits abortions within the first 12 weeks of pregnancy, as does the United States.

 

2) Article: "Mexicans March to Support Abortion Law." By Carlos Rodriguez. Associated Press, March 30, 2007. http://origin.foxnews.com/wires/2007Mar30/0,4670,MexicoAbortion,00.html

 

Most Latin American countries, including Mexico, allow abortion if the woman's life is in danger or in cases of rape or incest. In November, Nicaragua passed a law banning abortion in all cases. Cuba permits abortions within the first 12 weeks of pregnancy, as does the United States.

 

3) Article: "Mexico's Supreme Court poised to reject appeal of legalized abortion in the capital." By Olga R. Rodriguez. Associated Press, August 27, 2008. http://www.latimes.com/

 

Most Latin American countries allow abortion only if the woman's life is in danger or in cases of rape or incest. In 2006, Nicaragua banned abortion in all cases. Cuba permits abortions within the first 12 weeks of pregnancy, as does the United States.

 

[85] Search performed August 27, 2008 via http://www.google.com/. Results include:

 

baltimoresun.com

bellinghamherald.com

boston.com

breitbart.com

cbsnews.com

centredaily.com

chron.com

cleveland.com

cnsnews.com

comcast.net

contracostatimes.com

daytondailynews.com

denverpost.com

duluthnewstribune.com

elpasotimes.com

examiner.com

federalnewsradio.com

fortmilltimes.com

foxnews.com

gjsentinel.com

greenwichtime.com

guardian.co.uk

ibtimes.com

iht.com

inyork.com

journalgazette.net

kansascity.com

khou.com

ktar.com

latimes.com

ledger-enquirer.com

lehighvalleylive.com

madison.com

metrobostonnews.com

miamiherald.com

msnbc.com

my.freeze.com

mymotherlode.com

news.aol.com

news.yahoo.com

newstimes.com

newsvine.com

nola.com

nydailynews.com

nypost.com

ohio.com

onenewsnow.com

oregonlive.com

palmbeachpost.com

philly.com

pressofatlanticcity.com

pr-inside.com

publicopiniononline.com

realclearworld.com

realtime.com

rockymounttelegram.com

sacbee.com

salon.com

sanluisobispo.com

santacruzsentinel.com

sfgate.com

signonsandiego.com

silive.com

southernledger.com

sunherald.com

syracuse.com

thenewstribune.com

twincities.com

usatoday.com

victoriaadvocate.com

washingtonpost.com

washingtontimes.com

wor710.com

wtop.com

 

 

[86] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

States with a parental consent law in effect:

 

Alabama

Michigan

Rhode Island

Arizona

Mississippi

South Carolina *

Arkansas

Missouri

Tennessee

Idaho

North Carolina

Texas

Indiana

North Dakota

Utah

Kentucky

Ohio *

Virginia *

Louisiana

Oklahoma

Wisconsin *

Massachusetts

Pennsylvania

Wyoming

 

* Permits adult relatives other than a parent the authority to provide consent.

 

[87] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

States with a parental notification law in effect:

 

Colorado

Iowa *

Nebraska

Delaware *

Kansas

South Dakota

Florida

Maryland

West Virginia

Georgia

Minnesota

 

 

* Allows notification to be provided to an adult relative other than a parent.

 

[88] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

States with a parental consent law blocked by court order:

 

Alaska          

California

New Mexico

 

[89] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

States with a parental notification law blocked by court order:

 

Illinois

Montana

Nevada

New Jersey

 

[90] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

States with no parental consent or notification laws:

 

Connecticut

New Hampshire

Vermont

Hawaii

New York

Washington

Maine

Oregon

 

 

[91] New Hampshire State Legislation, Title XXX, Section 314-A:8: "Body Art on Minors Prohibited." New Hampshire General Court. Accessed June 2008 at http://www.gencourt.state.nh.us/rsa/html/xxx/314-a/314-a-8.htm

 

I. Branding and tattooing a person under the age of 18 is prohibited.

II. Body piercing a person under the age of 18 is prohibited without consent of that person's parent or legal guardian.

III. The consent required by paragraph II of this section shall be satisfied only by the parent or legal guardian being physically present at the time the body piercing is performed and, upon presenting evidence of the person's status as parent or legal guardian, by signing a document declaring that the person is the parent or legal guardian of the minor on whom the piercing is to be performed. The consent shall indicate the location of the piercing on the minor's body. Records shall be maintained for a minimum of 7 years.

 

[92] New Jersey Law 2C:40-21: "Tattooing of a minor; parental permission, required." New Jersey Code of Criminal Justice. Accessed June 2008 at http://www.njleg.state.nj.us/

 

A person commits a disorderly persons offense if he knowingly tattoos or engages in body piercing of a minor under the age of 18 years without first having obtained the written permission of the minor's parent or legal guardian or, if neither exists, a person who stands in place of a parent.

 

[93] California Business and Professions Code Sections 22700-22708: "Chapter 23: Tanning Facilities." Accessed June 2008 at http://law.justia.com/california/codes/bpc/22700-22708.html

 

This chapter shall be known and may be cited as the Filante Tanning Facility Act of 1988. …

 

Section 22706 …

 

(3) Before any person between 14 and 18 years of age uses a tanning device, he or she shall give the tanning facility a statement signed by his or her parent or legal guardian stating that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor's use of a tanning device, and agrees that the minor will use the protective eyewear that the tanning facility provides.

(4) Persons under 14 years of age are prohibited from using a tanning device.

 

[94] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

{No notification or consent law for New Hampshire, New Jersey or California.}

 

[95] Article: "New Hampshire to Repeal Parental Notification Law." By Pam Belluck. New York Times, June 8, 2007. http://www.nytimes.com/2007/06/08/us/08parental.html

 

[96] Article: "N.J. Supreme Court Strikes Down Abortion Law Requiring Parental Notification." By Ralph Siegel. Associated Press, August, 15, 2000. http://dailynews.yahoo.com/

 

The New Jersey Supreme Court has struck down a state law requiring minors to notify a parent before they can get an abortion. … Because of the litigation, the law had never been permitted to take effect, and it now stands nullified.

 

[97] 2008 Democratic Party Platform: "Renewing America's Promise." Democratic National Committee, August 25, 2008. http://www.presidency.ucsb.edu/ws/index.php?pid=78283

 

[98] 2008 Republican Platform. Republican National Convention, August 26, 2008. http://www.gopplatform2008.com/2008Platform.pdf

 

We must protect girls from exploitation and statutory rape through a parental notification requirement.

 

[99] Bill: "S.2543 - Child Custody Protection Act." U.S. Senate, January 22, 2008. http://thomas.loc.gov/

 

To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.

 

[Introduced by John Ensign (R-Nevada), Lamar Alexander (R-Tennessee), Sam Brownback (R-Kansas), Jim Bunning (R-Kentucky), Tom Coburn (R-Oklahoma), Norm Coleman (R-Minnesota), John Cornyn (R-Texas), Elizabeth Dole (R-North Carolina), Lindsey Graham (R-South Carolina), Chuck Grassley (R-Iowa), Chuck Hagel (R-Nebraska), Kay Bailey Hutchison (R-Texas), James Inhofe (R-Oklahoma), Jon Kyl (R-Arizona), John McCain (R-Arizona), Mitch McConnell (R-Kentucky), Pat Roberts (R-Kansas), Jeff Sessions (R-Alabama), Richard Shelby (Alabama), John Thune (R-South Dakota), George Voinovich (R-Ohio), Orrin Hatch (R-Utah), Ben Nelson (R-Nebraska).]

 

Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion

 

(a) Offense-

 

(1) GENERALLY- Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both.

(2) DEFINITION- For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides.

 

(b) Exceptions-

 

(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself.

(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. …

 

[100] Article: "Senators upset with Supreme Court underage abortion ruling." By Darrell L. Breese. Alaska Star, November 14, 2007. http://www.alaskastar.com/stories/111507/new_20071115002.shtml

 

… Gov. Sarah Palin also voiced her dissatisfaction.

 

"It is outrageous that a minor girl can get an abortion without parental consent," said Palin. "The State Supreme Court has failed Alaska by separating parents from their children during such a critical decision, moving in the exact opposite direction from the law's intent."

 

[101] Article: "Alaska Discussion Over Parental Involvement Law on Abortion Continues." By Steven Ertelt. LifeNews, December 3, 2007. http://www.lifenews.com/state2643.html

 

Rep. John Coghill, a Republican, is working with 10 lawmakers on a constitutional amendment that would get the stronger consent language in place but would be significantly more difficult to accomplish. …

 

Gov. Sarah Palin, a pro-life Republican, asked the state high court for a re-hearing in the case and spokeswoman Sharon Leighow told the newspaper she backs a constitutional amendment.

 

"She feels parental consent is reasonable because it is required in nearly every aspect of a child's life. It's a parent's right and responsibility to be involved in their child's life," Leighow said.

 

[102] Article: "Legislature adjourns on time." By Wesley Loy. Anchorage Daily News, April 13th, 2008. http://www.adn.com/news/alaska/story/374722.html

 

Palin said she was disappointed lawmakers let a bill die requiring girls under 17 to get parental consent for an abortion.

 

"My belief is parents have the right to know about the health and welfare of their children," she said.

 

[103] Senate Bill 562: "Parental Notice of Abortion Act of 2001." State of Illinois Senate, 92nd General Assembly, 2001-2002. http://www.ilga.gov

 

Section 10. Definitions…. "Minor" means any person under 18 years of age who is not or has not been married or who has not been emancipated under the Emancipation of Mature Minors Act. …

 

Section 15. Notice to adult family member. No person shall knowingly perform an abortion upon a minor or upon an incompetent person unless the person or his or her agent has given at least 48 hours actual notice to an adult family member of the pregnant minor or incompetent person of his or her intention to perform the abortion….

 

Section 20. Exceptions. Notice is not required under this Act if … (3) the attending physician certifies in the patient's medical record that a medical emergency exists and there is insufficient time to provide the required notice; or the minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an adult family member as defined in this Act….

 

Section 25. Procedure for judicial waiver of notice. … A minor or incompetent person may petition any circuit court for a waiver of the parental notice of abortion requirement under this Act and may participate in proceedings on her own behalf. … All court proceedings under this Section shall be sealed. … These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. … Notice under  this Act shall be waived if the court finds by clear and convincing evidence either:

(1) that the minor or incompetent person is sufficiently mature and well-enough informed to decide intelligently whether to have an abortion; or

(2) that notification under Section 15 of this Act would not be in the best interests of the minor or incompetent person. …

 

No fees shall be required of any minor or incompetent person who avails herself of the procedures provided by this Section. …

 

Section 40. Penalties.

(a) A physician who willfully fails to provide notice as required under this Act before performing an abortion on a minor or an incompetent person shall be referred to the Illinois State Medical Disciplinary Board for action in accordance with Section 22 of the Medical Practice Act of 1987.

(b) A person, not authorized under this Act, who signs any waiver of notice under this Act for a minor or incompetent person seeking an abortion is guilty of a Class C misdemeanor.

 

[104] Vote: "Senate Bill 562 - Parental Notice of Abortion Act of 2001." State of Illinois Senate, 92nd General Assembly, April 6, 2001. http://www.ilga.gov/legislation/votehistory/srollcalls92/...

 

P [Present] Obama

 

[105] Resolution 2: "Rules Of The Senate." Senate of the 92nd General Assembly, State of Illinois, 2001-2002. http://12.43.67.2/legislation/legisnet92/srgroups/sr/920SR0002LV.html

 

Article 1-12:

 

Majority of those Elected. "Majority of those elected" means an absolute majority of the total number of Senators entitled to be elected to the Senate, irrespective of the number of elected or appointed Senators actually serving in office. So long as 59 Senators are entitled to be elected to the Senate, "majority of those elected" shall mean 30 affirmative votes.

 

Article 5-1(f):

 

No bill shall be passed by the Senate except on a roll call vote of a majority of those elected.

 

{Note that this rule was effective at the time of Obama's vote. The same rule is still in effect as of June 2008.}

 

[106] Report: Sexual Assault of Young Children as Reported to Law Enforcement: Victim, Incident, and Offender Characteristics." By Howard N. Snyder. Bureau of Justice Statistics, U. S. Department of Justice, July 2000. http://ojp.usdoj.gov/bjs/pub/pdf/saycrle.pdf

 

Page 1: "The 1991 through 1996 NIBRS master files contain reports from law enforcement agencies in 12 States: Alabama, Colorado, Idaho, Illinois, Iowa, Massachusetts, Michigan, North Dakota, South Carolina, Utah, Vermont, and Virginia. These reports were scanned to identify incidents of sexual assault."

 

Page 3 (graph): "Age profiles of sexual assault victims, by offense category: Forcible rape."

 

{The raw data used to construct this graph was e-mailed by the Bureau of Justice Statistics to Just Facts on August 14, 2008.}

 

[107] Arkansas State Code, Title 20, Subtitle 2, Chapter 16, Subchapter 8: "Abortion — Parental Notification." Arkansas General Assembly. Accessed June 2008 at http://www.arkleg.state.ar.us/

 

20-16-801. Consent required.
Except as otherwise provided in §§ 20-16-804 and 20-16-805, no person may perform an abortion upon an unemancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the person or the person's agent first obtains the written consent of either parent or the legal guardian or custodian.

History. Acts 1989, No. 270, § 1; 2005, No. 537, § 1. …

20-16-802. Definitions. …
(3) "Minor" means an individual under eighteen (18) years of age;
(4) "Parent" means:
(A) Either parent of the pregnant woman if they are both living;
(B) One (1) parent of the pregnant woman if only one (1) is living or if the second one cannot be located through reasonably diligent effort; or
(C) The court-appointed guardian or custodian if the pregnant woman has one

 

[108] Article: "Granite City Abortion Clinic Part Of Rape Investigation." By Cordell Whitlock. Channel 5, KDSK, St. Louis, November 16, 2006. http://www.ksdk.com/

 

Police in Bryant, Ark., say Cheshier began assaulting the juvenile last year. In October, he was arrested and charged with rape. The victim told police Cheshier had gotten her pregnant and forced her to have an abortion.

 

[109] Article: "Protesters' photos may be clue in rape case." By Shane Graber. St. Louis Post-Dispatch, November 17, 2006. http://www.stltoday.com/

 

The teen told police he got her pregnant and took her to a St. Louis-area abortion clinic in March, the affidavit said.

 

[110] Article: "Federal judge rejects request to enforce Illinois abortion law." Associated Press, March 2, 2008.

 

The Parental Notice of Abortion Act was passed in 1984 and updated in 1995 but never enforced because the Illinois Supreme Court refused to issue rules spelling out how judges should handle appeals of the notification requirement.

 

[111] Brief: "Parental Involvement in Minors' Abortions." Guttmacher Institute, June 1, 2008. http://www.guttmacher.org/statecenter/spibs/spib_PIMA.pdf

 

Illinois … Enforcement permanently or temporarily enjoined by a court order; policy not in effect.

 

[112] Article: "Granite City Abortion Clinic Part Of Rape Investigation." By Cordell Whitlock. Channel 5, KDSK, St. Louis, November 16, 2006. http://www.ksdk.com/

 

Angela Michael frequently protests outside the clinic and police used a photo she took of Cheshier's car to prove he was there in March.

 

[113] Phone conversation with the arresting officer of Jeffrey Cheshier, June 12, 2008.

 

[Cheshier committed suicide. He was the alleged victim's stepfather. The girl kept detailed records on her calendar, and as such, Cheshier was facing about 12 counts of rape.]

 

[114] Death Certificate: "Jeffery Cheshier."

Birth Date: 14 Oct 1965

Death Date: 17 Jul 2007

Social Security Number: XXX-XX-XXXX

State or Territory Where Number Was Issued: Arkansas

 

[115] House of Representatives Amendment to Senate Bill S.403: "Child Interstate Abortion Notification Act." 109th United States Congress, September 26, 2006. http://thomas.loc.gov/

 

Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion

 

(a) Offense-

(1) GENERALLY- Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both.

 

(b) Exceptions-

 

(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself.

(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ...

 

Sec. 2435. Child interstate abortion notification

 

(a) Offense-

 

(1) GENERALLY- A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both.

(2) PARENTAL NOTIFICATION- A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not possible after a reasonable effort has been made, 24 hours constructive notice must be given to a parent.

 

(b) Exceptions- The notification requirement of subsection (a)(2) does not apply if

 

(1) the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law;

(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion;

(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect;

(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, or because in the reasonable medical judgment of the minor's attending physician, the delay in performing an abortion occasioned by fulfilling the prior notification requirement of subsection (a)(2) would cause a substantial and irreversible impairment of a major bodily function of the minor arising from continued pregnancy, not including psychological or emotional conditions, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or

(5) the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor.

 

[116] Article: "An Abortion Rights Advocate Says He Lied About Procedure." By David Stout. New York Times, February 26, 1997. http://query.nytimes.com/gst/fullpage.html?res=...

 

[117] Article: "2nd Trimester Abortion: An interview with W. Martin Haskell, MD." Cincinnati Medicine, Fall 1993. http://www.nrlc.org/abortion/pba/Haskell%20Cincinnati%20Medicine.pdf

 

NOTE: This article describes the procedure in detail.

 

[118] Article: "An Abortion Rights Advocate Says He Lied About Procedure." By David Stout. New York Times, February 26, 1997. http://query.nytimes.com/gst/fullpage.html?res=...

 

Ron Fitzsimmons, the executive director of the National Coalition of Abortion Providers …

 

In the vast majority of cases, the procedure is performed on a healthy mother with a healthy fetus that is 20 weeks or more along, Mr. Fitzsimmons said.

 

[119] Twenty weeks after fertilization. Intrauterine picture taken under the direction of Professor Andrzej Skawina of Collegium Medicum Jagiellonian University (Krakow, Poland) and Antoni Marsinek of the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow, Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright: Life Issues.

 

NOTE: A number of different photographers have published intrauterine photos. We asked several such individuals if we could use their pictures, and Life Issues was the only one who gave us permission. The pictures from Life Issues look similar to those taken by the other photographers.

 

[120] Web page: "H.R. 1833 - Partial-Birth Abortion Ban Act of 1995." GovTrack, Accessed September 2008 at http://www.govtrack.us/congress/bill.xpd?bill=h104-1833

 

Cosponsors: 155 total (20 Democrats, 135 Republicans).

 

[121] Web page: "Major Actions - H.R.1833: To amend title 18, United States Code, to ban partial-birth abortions." U.S. Library of Congress, Accessed September 3, 2008 at http://thomas.loc.gov/

 

DATE

ACTION

6/14/1995

Introduced in House

11/1/1995

Passed in House by Yeas and Nays: 288 – 139 (Roll Call 756).

12/7/1995

Passed in Senate with amendments by Yeas and Nays: 54 – 44 (Vote No. 596).

3/27/1996

Passed in House with Senate amendments by Yeas and Nays: 286 – 129 (Roll Call 94).

4/10/1996

Vetoed by President.

9/19/1996

Passed in House with the two-third majority required to override a Presidential veto by Yeas and Nays: 285 - 137 (Roll Call 422).

9/26/1996

Failed in Senate without the two-third majority required to override a Presidential veto by Yeas and Nays: 58-40 (Vote No. 301).

 

[122] Calculations performed with data from the following sources:

 

1) Vote Number 596: "H.R. 1833 - To amend title 18, United States Code, to ban partial-birth abortions." U.S. Senate, December 7, 1995. http://www.senate.gov/legislative/LIS/roll_call_lists/...

 

 

Voted YES

Voted NO

Not Voting

Republican

45

7

 

Democratic

9

37

1

 

2) Vote Number 94: "H.R. 1833 - To amend title 18, United States Code, to ban partial-birth abortions (Agree to Senate Amendments)." U.S. House of Representatives, March 27, 1996. http://thomas.loc.gov/

 

 

Voted YES

Voted NO

Not Voting

Republican

214

15

6

Democratic

72

113

9

Independent

 

1

 

 

Totals from House and Senate votes above:

 

 

Voted YES

Voted NO

Not Voting

Total

Republican

259 (90%)

22 (8%)

6 (2%)

287

Democratic

81 (34%)

150 (63%)

9 (4%)

241

 

[123] Bill: "H.R. 1122 - Partial-Birth Abortion Ban Act of 1997 (Enrolled as Agreed to or Passed by Both House and Senate)." U.S. Congress, October 8, 1997. http://thomas.loc.gov/

 

(a) Any physician who, 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. This paragraph shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. This paragraph shall become effective one day after enactment.

 

(b)(1) 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.

House Resolution

 

[124] Web page: "Major Actions - H.R. 1122: To amend title 18, United States Code, to ban partial-birth abortions." U.S. Library of Congress, Accessed September 3, 2008 at http://thomas.loc.gov/

 

DATE

ACTION

3/19/1997

Introduced in House

3/20/1997

Passed in House by Yeas and Nays: 295 – 136 (Roll Call 65).

5/20/1997

Passed in Senate with amendments by Yeas and Nays: 64 – 36 (Vote No. 71).

10/8/1997

Passed in House with Senate amendments by Yeas and Nays: 296 – 132 (Roll Call 500).

10/10/1997

Vetoed by President.

7/23/1998

Passed in House with the two-third majority required to override a Presidential veto by Yeas and Nays: 296 – 132 (Roll Call 325).

9/18/1998

Failed in Senate without the two-third majority required to override a Presidential veto by Yeas and Nays: 64 – 36 (Vote No. 277).

 

[125] Calculations performed with data from the following sources:

 

1) Vote Number 71: "H.R. 1122 - To amend title 18, United States Code, to ban partial-birth abortions." U.S. Senate, May 20, 1997. http://www.senate.gov/legislative/LIS/roll_call_lists/...

 

 

Voted YES

Voted NO

Republican

51

4

Democratic

13

32

 

2) Vote Number 500: "H.R. 1122 - To amend title 18, United States Code, to ban partial-birth abortions (Agree to Senate Amendments)." U.S. House of Representatives, October 8, 1997. http://thomas.loc.gov/

 

 

Voted YES

Voted NO

Not Voting

Republican

217

8

2

Democratic

79

123

4

Independent

 

1

 

 

Totals from House and Senate votes above:

 

 

Voted YES

Voted NO

Not Voting

Total

Republican

268 (95%)

12 (4%)

2 (1%)

282

Democratic

92 (37%)

155 (62%)

4 (2%)

251

 

[126] Bill: "S.3: Partial-Birth Abortion Ban Act of 2003. (Enrolled as Agreed to or Passed by Both House and Senate)." U.S. Congress, October 21, 2003. http://thomas.loc.gov/

 

Sec. 1531. Partial -birth abortions prohibited

 

(a) Any physician who, 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 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a 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. This subsection takes effect 1 day after the enactment.

 

(b) As used in this section--

 

(1) the term 'partial -birth abortion' means an abortion in which the person performing the abortion --

 

(A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a 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 the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and

 

(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus….

 

[127] Web page: "Major Actions - H.R. 1122: To amend title 18, United States Code, to ban partial-birth abortions." U.S. Library of Congress, Accessed September 3, 2008 at http://thomas.loc.gov/

 

DATE

ACTION

2/14/2003

Introduced in Senate

3/13/2003

Passed in Senate by Yeas and Nays: 64 – 33 (Vote No. 51).

6/4/2003

Passed in House without objection.

10/2/2003

Conference Report passed in House by Yeas and Nays: 281 – 142 (Roll Call 530).

10/21/2003

Conference Report passed in Senate by Yeas and Nays: 64 – 34 (Vote No. 402).

11/5/2003

Signed by President. Became Public Law No: 108-105.

 

[128] Calculations performed with data from the following sources:

 

1) Vote Number 530: "S.3: A bill to prohibit the procedure commonly known as partial-birth abortion." U.S. House of Representatives, October 2, 2003. http://thomas.loc.gov/

 

 

Voted YES

Voted NO

Not Voting

Republican

218

4

7

Democratic

63

137

5

Independent

 

1

 

 

2) Vote Number 402: "S.3: A bill to prohibit the procedure commonly known as partial-birth abortion." U.S. Senate, October 21, 2003. http://www.senate.gov/legislative/LIS/roll_call_lists/...

 

 

Voted YES

Voted NO

Not Voting

Republican

47

3

1

Democratic

17

30

1

Independent

 

1

 

 

Totals from House and Senate votes above:

 

 

Voted YES

Voted NO

Not Voting

Total

Republican

268 (95%)

12 (4%)

2 (1%)

282

Democratic

92 (37%)

155 (62%)

4 (2%)

251

 

[129] Bill: "S.3 - Partial-Birth Abortion Ban Act of 2003. (Enrolled as Agreed to or Passed by Both House and Senate)." U.S. Congress, October 21, 2003. http://thomas.loc.gov/

 

Sec. 1531. Partial -birth abortions prohibited

 

(a) Any physician who, 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 2 years, or both.

 

[130] Ruling: Gonzales V. Carhart. United States Supreme Court, April 18, 2007. Case 05-380. Decided 5-4. Majority: Kennedy, Roberts, Scalia, Thomas, Alito. Concurring: Thomas, Scalia. Dissenting: Ginsburg, Stevens, Souter, Breyer. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&...

 

Section IV (B):

 

In addition the Act's prohibition only applies to the delivery of "a living fetus." … If the [partial birth abortion] procedure is truly necessary in some circumstances, it appears likely an injection that kills the fetus is an alternative under the Act that allows the doctor to perform the procedure.

 

[131] Article: "Harsh Details Shift Tenor of Abortion Fight; Both Sides Bend Facts On Late-Term Procedure." By Barbara Vobejda & David Brown. Washington Post, September 17, 1996. Page A01.

 

The usual alternative to intact D&E is "dismemberment D&E," in which the fetal limbs are pulled off the body in utero, sometimes while the fetus is still alive.

 

{See next note for a more detailed explanation.}

 

[132] Ruling: Gonzales V. Carhart. United States Supreme Court, April 18, 2007. Case 05-380. Decided 5-4. Majority: Kennedy, Roberts, Scalia, Thomas, Alito. Concurring: Thomas, Scalia. Dissenting: Ginsburg, Stevens, Souter, Breyer. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&...

 

Section I (A):

 

Of the remaining abortions that take place each year, most occur in the second trimester. The surgical procedure referred to as "dilation and evacuation" or "D&E" is the usual abortion method in this trimester. …

 

After sufficient dilation the surgical operation can commence. The woman is placed under general anesthesia or conscious sedation. The doctor, often guided by ultrasound, inserts grasping forceps through the woman's cervix and into the uterus to grab the fetus. The doctor grips a fetal part with the forceps and pulls it back through the cervix and vagina, continuing to pull even after meeting resistance from the cervix. The friction causes the fetus to tear apart. For example, a leg might be ripped off the fetus as it is pulled through the cervix and out of the woman. The process of evacuating the fetus piece by piece continues until it has been completely removed. A doctor may make 10 to 15 passes with the forceps to evacuate the fetus in its entirety, though sometimes removal is completed with fewer passes. Once the fetus has been evacuated, the placenta and any remaining fetal material are suctioned or scraped out of the uterus. The doctor examines the different parts to ensure the entire fetal body has been removed. See, e.g., Nat. Abortion Federation, supra, at 465; Planned Parenthood, supra, at 962.

 

Some doctors, especially later in the second trimester, may kill the fetus a day or two before performing the surgical evacuation. They inject digoxin or potassium chloride into the fetus, the umbilical cord, or the amniotic fluid. Fetal demise may cause contractions and make greater dilation possible. Once dead, moreover, the fetus' body will soften, and its removal will be easier. Other doctors refrain from injecting chemical agents, believing it adds risk with little or no medical benefit. Carhart, supra, at 907-912; Nat. Abortion Federation, supra, at 474-475. …

 

The main difference between the two procedures is that in [a partial birth abortion] a doctor extracts the fetus intact or largely intact with only a few passes.

 

Section III (C) 1:

 

The Act excludes most D&Es [dilation and evacuations] in which the fetus is removed in pieces, not intact. … Removing the fetus in this manner does not violate the Act because the doctor will not have delivered the living fetus to one of the anatomical landmarks or committed an additional overt act that kills the fetus after partial delivery. …

 

D&E does not involve the delivery of a fetus because it requires the removal of fetal parts that are ripped from the fetus as they are pulled through the cervix.

 

[133] Ruling: Gonzales V. Carhart. United States Supreme Court, April 18, 2007. Case 05-380. Decided 5-4. Majority: Kennedy, Roberts, Scalia, Thomas, Alito. Concurring: Thomas, Scalia. Dissenting: Ginsburg, Stevens, Souter, Breyer. http://caselaw.lp.findlaw.com/scripts/getcase.pl?...

 

In No. 05-380 (Carhart) respondents are LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar, doctors who perform second-trimester abortions. These doctors filed their complaint against the Attorney General of the United States in the United States District Court for the District of Nebraska. They challenged the constitutionality of the Act and sought a permanent injunction against its enforcement.

 

[134] Ruling: Gonzales V. Carhart. United States Supreme Court, April 18, 2007. Case 05-380. Decided 5-4. Majority: Kennedy, Roberts, Scalia, Thomas, Alito. Concurring: Thomas, Scalia. Dissenting: Ginsburg, Stevens, Souter, Breyer. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&...

 

In No. 05-380 (Carhart) respondents are LeRoy Carhart, William G. Fitzhugh, William H. Knorr, and Jill L. Vibhakar, doctors who perform second-trimester abortions. These doctors filed their complaint against the Attorney General of the United States in the United States District Court for the District of Nebraska. They challenged the constitutionality of the Act and sought a permanent injunction against its enforcement. …

 

Respondents have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception. For these reasons the judgments of the Courts of Appeals for the Eighth and Ninth Circuits are reversed.

 

[135] Article: "McCain Promises Judges Like Roberts, Alito." Associated Press, May 6, 2008. http://www.cbsnews.com/stories/2008/05/06/politics/main4073792.shtml

 

Obama, on the other hand, voted against Roberts and Alito.

 

[136] Article: "Obama, McCain talk issues at pastor's forum." By Ed Hornick. CNN, August 17, 2008. http://www.cnn.com/2008/POLITICS/08/16/warren.forum/index.html

 

Neither candidate shied away from a question about which current Supreme Court justice they would not have nominated.

 

Obama's reply: Clarence Thomas.

 

[137] Article: "Obama: I Would Not Have Nominated Clarence Thomas." By Sam Stein. Huffington Post, August 16, 2008. http://www.huffingtonpost.com/2008/08/16/...

 

[Quoting Obama:] "I would not have nominated Justice Scalia…."

 

[138] Article: "Obama, McCain talk issues at pastor's forum." By Ed Hornick. CNN, August 17, 2008. http://www.cnn.com/2008/POLITICS/08/16/warren.forum/index.html

 

McCain said he would have never nominated Justices Ruth Bader Ginsburg, Stephen Breyer, David Souter and John Paul Stevens.

 

[139] Bill "S.1173 - Freedom of Choice Act." Introduced in the United States Senate, April 19, 2007. http://thomas.loc.gov/

 

To protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

 

[Introduced by Barbara Boxer (D-California) for herself, Patty Murray (D-Washington), Debbie Stabenow (D-Michigan), Jeff Bingaman (D-New Mexico), Robert Menendez (D-New Jersey), Frank Lautenberg (D-New Jersey), Benjamin Cardin (D-Maryland), Chuck Schumer (D-New York), Diane Feinstein (D-California), Hillary Clinton (D-New York), Barbara Mikulski (D-Maryland), Max Baucus (D-Montana), Maria Cantwell (D-Washington).]

 

SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED. …

       

(b) Prohibition of Interference- A government may not-

 

(1) deny or interfere with a woman's right to choose—

 

(A) to bear a child;

(B) to terminate a pregnancy prior to viability; or

(C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or

 

(2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information. …

 

SEC. 6. RETROACTIVE EFFECT.

 

This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.

 

[140] Bill: "H.R. 1964 IH - Freedom of Choice Act." Introduced in U.S. House of Representatives, April 19, 2007. http://thomas.loc.gov/

 

[Introduced by Jerrold Nadler (New York), 56 other Democrats, and one Republican who has since withdrawn his sponsorship.]

 

SEC. 2. FINDINGS.

 

(9) Further threatening Roe, the Supreme Court recently upheld the first-ever Federal ban on abortion, which has no exception to protect a woman's health. The majority decision in Gonzales v. Carhart and Gonzales v. Planned Parenthood Federation of America permits the government to interfere with a woman's right to choose to terminate a pregnancy and effectively overturns a core tenet of Roe v. Wade by abandoning more than 30 years of protection for women's health. …

 

SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.

 

(a) Statement of Policy- It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman.

 

(b) Prohibition of Interference- A government may not—

 

(1) deny or interfere with a woman's right to choose—

 

(A) to bear a child;

(B) to terminate a pregnancy prior to viability; or

(C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or

 

(2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information. …

 

SEC. 6. RETROACTIVE EFFECT.

 

This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.

 

[141] Open letter from Kim Gandy (President, National Organization for Women). April 20, 2007. http://www.now.org/organization/letters/04-20-07w.html

 

Yesterday [April 19, 2007] I was pleased to stand with Senator Barbara Boxer, Representative Jerrold Nadler and many members of Congress as they announced the reintroduction of this important act, which would legislatively reverse the Court's damaging decision [in Gonzalez v. Carhart] and will enshrine in federal law our right to safe, legal abortion.

 

[142] Congressional Record S6017. United States Senate, May 11, 2007. http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=...

 

At the request of Mrs. BOXER, the name of the Senator from Illinois (Mr. OBAMA) was added as a cosponsor of S. 1173, a bill to protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

 

[143] Speech: "Barack Obama before Planned Parenthood Action Fund." July 17, 2007. Transcribed by Laura Echevarria. http://lauraetch.googlepages.com/barackobamabeforeplanned...

 

Well, the first thing I'd do as President is sign the Freedom of Choice Act. That's the first thing that I'd do.

 

[144] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section II:

 

Jane Roe,4 a single woman who was residing in Dallas County, Texas, instituted this federal action in March 1970 against the District Attorney of the county. She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes. [Note 4: "The name is a pseudonym."]

 

Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; that she was unable to get a "legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions.

 

[145] Book: I Am Roe. By Norma McCorvey. Harper Collins, 1994. Norma McCorvey first made her identity public in the mid 1980's. Pages 172-173 contain information about her first appearance on television, but no date is given. However, the events in the book are chronologically arranged, and the context of the book indicates that this event took place sometime between 1984 and 1986.

 

[146] Article: "Henry Wade, Prosecutor in National Spotlight, Dies at 86." By Wolfgang Saxon. New York Times, March 2, 2001.

http://query.nytimes.com/gst/fullpage.html?res=...

 

Henry Wade … is perhaps best remembered for the prosecution of Jack Ruby and as the Wade in Roe v. Wade….

 

[147] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section I, Footnote 2 lists these states.

 

[148] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section XI:

 

For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. … The State may define the term "physician" to mean only a physician currently licensed by the State, and may proscribe any abortion by a person who is not a physician as so defined.

 

[149] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section XI:

 

For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health."

 

Section X:

 

Examples of permissible state regulation in this area are requirements as to the qualifications of the person who is to perform the abortion; as to the licensure of that person; as to the facility in which the procedure is to be performed, that is, whether it must be a hospital or may be a clinic or some other place of less-than-hospital status; as to the licensing of the facility; and the like.

 

[150] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section XI:

 

For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

 

[151] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section VIII:

 

Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.

 

[152] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

Section IV:

 

[T]he medical judgment may be exercised in the light of all factors -- physical, emotional, psychological, familial, and the woman's age -- relevant to the well-being of the patient. All these factors may relate to health.

 

[153] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

[154] Ruling: Roe v. Wade. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 113. Decided 7-2. Majority: Blackmun, Burger, Brennan, Douglas, Stewart, Marshall, Powell. Concurring: Burger, Douglas, Stewart. Dissenting: White, Rehnquist. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=410&invol=113

 

Section XI:

 

In Doe v. Bolton, post, p. 179, procedural requirements contained in one of the modern abortion statutes are considered. That opinion and this one, of course, are to be read together.

 

[155] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

NOTE: Appendix "A" contains the relevant text of the Criminal Code of Georgia.

 

[156] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

Section IV:

 

C. … We agree with the District Court … the medical judgment may be exercised in the light of all factors -- physical, emotional, psychological, familial, and the woman's age -- relevant to the well-being of the patient. All these factors may relate to health."

 

NOTE: Contrary to some commentaries on this case, these statements do not constitute a new ruling. This aspect of the law was not before the court in this instance. It was before the lower court, ruled upon, and the appeal was not accepted by the Supreme Court. In the quote above, the Supreme Court was simply restating their decision in Roe v. Wade. As Section II of Doe v. Bolton states: "The extent, therefore, to which the District Court decision was adverse to the defendants, that is, the extent to which portions of the Georgia statutes were held to be unconstitutional, technically is not now before us."

 

[157] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

Section I:

 

[F]or an abortion to be authorized [410 U.S. 179, 184] or performed as a noncriminal procedure, additional conditions must be fulfilled. These are ... (3) reduction to writing of the performing physician's medical judgment that an abortion is justified for one or more of the reasons specified by 26-1202 (a), with written concurrence in that judgment by at least two other Georgia-licensed physicians, based upon their separate personal medical examinations of the woman … (5) advance approval by an abortion committee of not less than three members of the hospital's staff….

 

[158] Ruling: Doe v. Bolton. U.S. Supreme Court, January 22, 1973. Case 410 U.S. 179. Decided 7-2. Majority: Blackmun, Brennan, Stewart, Marshall, Powell. Concurring: Burger, Douglas. Dissenting: White, Rehnquist.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=179

 

Section II:

 

The [District] court, however, held that Georgia's interest in protection of health, and the existence of a 'potential of independent human existence' … justified state regulation of 'the manner of performance as well as the quality of the final decision to abort' … and it refused to strike down the other provisions of the statutes.

 

Section IV:

 

D. The appellants next argue that the District Court should have declared unconstitutional three procedural demands of the Georgia statute: (1) that the abortion be performed in a hospital accredited by the Joint Commission on Accreditation of Hospitals:11 (2) that the procedure be approved by the hospital staff abortion committee; and (3) that the performing physician's judgment be confirmed by the independent examinations of the patient by two other licensed physicians. …

 

We hold that the JCAH-accreditation requirement does not withstand constitutional scrutiny in the present context. …

 

We conclude that the interposition of the hospital abortion committee is unduly restrictive of the patient's rights and needs that, at this point, have already been medically delineated and substantiated by her personal physician. …

 

There remains, however, the required confirmation by two Georgia-licensed physicians in addition to the recommendation of the pregnant woman's own consultant (making under the statute, a total of six physicians involved, including the three on the hospital's abortion committee). We conclude that this provision, too, must fall.

 

The statute's emphasis, as has been repetitively noted, is on the attending physician's "best clinical judgment that an abortion is necessary." That should be sufficient. The reasons for the presence of the confirmation step in the statute are perhaps apparent, but they are insufficient to withstand constitutional challenge. … If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment. … If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment.

 

[159] Ruling: Planned Parenthood of Southeastern PA v. Casey. United States Supreme Court. June 29, 1992. Case 505 U.S. 833. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?...

 

Consideration of the fundamental constitutional question resolved by Roe v. Wade, 410 U.S. 113, principles of institutional integrity, and the rule of stare decisis require that Roe's essential holding be retained [505 U.S. 834] and reaffirmed as to each of its three parts: (1) a recognition of a woman's right to choose to have an abortion before fetal viability and to obtain it without undue interference from the State, whose pre-viability interests are not strong enough to support an abortion prohibition or the imposition of substantial obstacles to the woman's effective right to elect the procedure; (2) a confirmation of the State's power to restrict abortions after viability, if the law contains exceptions for pregnancies endangering a woman's life or health; and (3) the principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child. …

 

Roe's rigid trimester framework is rejected. To promote the State's interest in potential life throughout pregnancy, the State may take measures to ensure that the woman's choice is informed. Measures designed to advance this interest should not be invalidated if their purpose is to persuade the woman to choose childbirth over abortion. These measures must not be an undue burden on the right.

 

[160] Ruling: Planned Parenthood of Southeastern PA v. Casey. United States Supreme Court. June 29, 1992. Case 505 U.S. 833. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?...

 

Adoption of the undue burden standard does not disturb Roe's holding that, regardless of whether exceptions are made for particular circumstances, a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.

 

Roe's holding that "subsequent to viability, the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother" is also reaffirmed.

 

[161] Article: "The Baby Who's Not Supposed to Be Alive." By Pat Wingert. Newsweek (Web Exclusive), August 21, 2007. http://www.newsweek.com/id/36697

 

The chance of survival for a 21-week six-day old fetus is zero. That's something Miami obstetrician Guillermo Lievano thought he knew for sure. Then he delivered Amillia Taylor, who weighed just 10 ounces, and appears to be the youngest premature baby ever to survive, beating the record by more than a week.

 

[162] Ruling: Planned Parenthood of Southeastern PA v. Casey. United States Supreme Court. June 29, 1992. Case 505 U.S. 833. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?...

 

[T]he State may take measures to ensure that the woman's choice is informed, and measures designed to advance this interest will not be invalidated as long as their purpose is to persuade the woman to choose childbirth over abortion. These measures must not be an undue burden on the right.

 

As with any medical procedure, the State may enact regulations to further the health or safety of a woman seeking an abortion. Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right. [505 U.S. 833, 879]  

 

Our adoption of the undue burden analysis does not disturb the central holding of Roe v. Wade, and we reaffirm that holding. Regardless of whether exceptions are made for particular circumstances, a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.

 

[163] Paper: "Termination of pregnancy for fetal anomaly: a population-based study 1995 to 2004." By M. Wyldes. BJOG: An International Journal of Obstetrics and Gynaecology, May 2007. Pages 639-642. http://www.blackwell-synergy.com/doi/abs/10.1111/...

 

Location: West Midlands region of Britain

Sample period: 1995-2004

Sample size: 808,237 conceptions; 646,342 births

Number of preborn humans aborted because they had conditions such as Down's Syndrome, heart defects, and kidney problems = 3,189

Median age at time of abortion: 19 weeks (range of 8 to 40 weeks)

Number of live births: 102

Median survival time: 80 minutes (37 newborns survived for an hour or less, six for 6 hours or more)

 

[164] Article: "Fetus." By Frank D. Allan in the Encyclopedia of Human Biology. Academic Press, 1997. Volume 3. Page 962 states that in the third month, "Electrical activity of the nervous system is discernible…. Attempts to suckle have been seen in utero and in aborted fetuses of 3 months."

 

[165] Paper: "An infant who survived abortion and neonatal intensive care." By P. Clarke & others. Journal of Obstetrics and Gynaecology, January 2005. Pages 73-74, http://www.informaworld.com/smpp/content~content=a713698633~db=all

 

Page 73: "A 24-week gestation male infant was born alive in November 2002, several days after repeated attempts at medical termination of pregnancy."

 

[166] Article: "Boy is aborted 3 times and lives." By Lois Rogers and Sarah-Kate Templeton. London Times, February 13, 2005. http://www.timesonline.co.uk/article/0%2C%2C2087-1482142%2C00.html

 

A BABY survived at least three attempts to abort it from the womb and was born alive at 24 weeks old.

 

[167] Article: "In Debate on Abortion, 2 Girls Make It Real." By Tamar Lewin. New York Times, October 27, 1991. http://query.nytimes.com/gst/fullpage.html?res=...

 

Ms. DePaul will not identify Gianna's birth mother, the doctor who performed the abortion, the clinic or the nurse who, she said, rescued Gianna by transferring her to a hospital nursery. But to support her story she released some of the medical records from the adoption, including a section called "Complications of Birth," which has the notation, "Born during saline abortion."

 

[168] Testimony of Gianna Jessen." Subcommittee on the Constitution, Judiciary Committee, U.S. House of Representatives, July 20, 2000. http://commdocs.house.gov/committees/judiciary/hju67226.000/hju67226_0.htm

 

Page 54: "I … was delivered alive on April 6, 1977, at 6 a.m. in a southern California abortion clinic."

 

[169] Article: " 'I survived an abortion attempt'." By Jane Elliott. BBC News, December 6, 2005. http://news.bbc.co.uk/1/hi/health/4500022.stm

 

She has cerebral palsy as a direct result of the procedure carried out on her in the womb. …

 

She started to walk with leg braces and by the age of four was walking with the aid of a walker - now she walks without any assistance.

 

[170] Web site: "Gianna Jessen." Accessed August 2008 at http://www.giannajessen.com

 

On April 30, 2005 she completed her first 26.2 mile marathon…. On April 23, 2006 she completed the London Marathon as well. …

 

In fact she has run a marathon, is an accomplished singer and writer and travels the world to campaign against abortion.

 

[171] Testimony: "Jill L. Stanek, Mokena, IL." Subcommittee on the Constitution, Judiciary Committee, U.S. House Of Representatives, July 20, 2000. Pages 34-39.

http://commdocs.house.gov/committees/judiciary/hju67226.000/hju67226_0.htm

 

My name is Jill Stanek, and I am a registered nurse who has worked in the Labor and Delivery Department at Christ Hospital in Oak Lawn, Illinois, for the past 5 years. Christ Hospital performs abortions on women in their second or even third trimesters of pregnancy. Sometimes the babies aborted are healthy, and sometimes they are not. …

… It is not uncommon for a live aborted baby to linger for an hour or two or even longer. One of these babies was known to live for almost an entire 8-hour shift.

In the event that a baby is aborted alive, he or she receives no medical assessments or care, but is given only what the Christ Hospital calls "comfort care." Comfort care is defined as keeping the baby warm in a blanket until he or she dies, although even this so-called compassion is not always provided. It is not required that these babies be held during their short lives.

One night, a nursing co-worker was taking an aborted Down's syndrome baby who was born alive to our Soiled Utility Room because his parents did not want to hold him and she did not have time to hold him. I could not bear the thought of this suffering child dying alone in a Soiled Utility Room, so I cradled and rocked him for the 45 minutes that he lived. …

 

Other co-workers have told me upsetting stories about live aborted babies whom they have cared for. I was told about an aborted baby who was supposed to have spina bifida, but was delivered with an intact spine. Another nurse is haunted by the memory of an aborted baby who came out weighing much more than expected—almost 2 pounds. She is haunted because she doesn't know if she made a mistake by not getting that baby any medical help. A support associate told me about a live aborted baby who was left to die on a counter in our Soiled Utility room wrapped in a disposable towel. This baby was accidentally thrown in the garbage. Later, when they were going through the trash trying to find the baby, the baby fell out of the towel and onto the floor.

I was recently told about a situation by a nurse who said, "I can't stop thinking about it." She had a patient who was 23-plus weeks pregnant, and it did not look as if her baby would continue to be able to live inside of her. The baby was healthy and had up to a 39 percent chance of survival, according to our national statistics. But the patient chose to abort. The baby was born alive. … After delivery, the baby, who showed early signs of thriving—her Apgars improved—was merely wrapped in a blanket and kept in the Labor and Delivery Department until she died two and a half hours later.

 

[172] Testimony: "Allison Baker, Charlottesville, VA." Subcommittee on the Constitution, Judiciary Committee, U.S. House Of Representatives, July 20, 2000. Pages 40-43.

http://commdocs.house.gov/committees/judiciary/hju67226.000/hju67226_0.htm

 

I am also an RN. I worked at Christ Hospital for a year between the time of August 1998 to August 1999. I am now presently a pediatric nurse in Charlottesville.

 

During this time, I witnessed three cases. When I first started, I was on day shift. I walked into the Soiled Utility Room to throw something away, and laying on the metal part of the table with nothing underneath, there was a fetus, a baby, moving vigorously, just laying there.

 

I went out to find the nurse who was responsible for this baby, and she said that the mother had been what they call a therapeutic abortion, as Jill had explained, and that she just didn't have time to do anything with the baby at the time, and that if I could, could I wrap the baby and put the baby in a warmer.

 

So I went to the Soiled Utility Room, wrapped the baby, and held the baby and found a warmer and placed the baby in the warmer. And for about two and a half hours, the baby maintained a heartbeat, the baby was alive. …

 

The next case that I actually participated in was I had come on to shift and there was a patient that had delivered a baby, a 20-week fetus who had spina bifida. The baby, once again, was alive and the baby had a heartbeat. It took an hour and 45 minutes for this baby to finally expire. …

 

The last case that I experienced while I was there was a 16-week fetus that was aborted, and the baby was supposed to have had Down's. And the baby at 16 weeks was born with a heartbeat, and the parents thought that the baby would die right away because it was so early. The baby ended up living for approximately 45 minutes, and during this time, the parents were very upset and kept questioning me and other nurses: how come their baby wasn't dead, when was their baby going to die, why was their baby alive?

 

[173] Article: "Bill proposes care for fetus after abortion." By Dave McKinney. Chicago Sun-Times. March 31, 2001.

 

A spokesman for Christ Hospital's parent, Advocate Health Care, said it provides "compassionate care" for its patients and estimated that between 10 percent and 20 percent of fetuses with genetic defects that are aborted survive for short periods outside the womb.

 

[174] Senate Bill 1095: "An Act concerning infants who are born alive." State of Illinois, 92nd General Assembly, 2001. http://www.ilga.gov/legislation/legisnet92/sbgroups/sb/920SB1095LV.html

 

(a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words "person", "human being", "child", and "individual" include every infant member of the species homo sapiens who is born alive at any stage of development.

 

(b) As used in this Section, the term "born alive", with respect to a member of the species homo sapiens, means the complete expulsion or extraction from its mother of that member, at any stage of development, who after that expulsion or  extraction breathes or has a beating heart, pulsation of the  umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

 

(c) A live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law.

 

[175] Senate Bill 1662: "An Act concerning infants who are born alive." State of Illinois, 92nd General Assembly, 2002. http://www.ilga.gov/legislation/legisnet92/sbgroups/sb/920SB1662LV.html

 

{The operative language is the same as in the bill above.}

 

[176] Vote: "Senate Bill 1095 (third reading) - An Act concerning infants who are born alive." State of Illinois Senate, 92nd General Assembly, March 30, 2001. http://www.ilga.gov/legislation/votehistory/srollcalls92/...

 

34 YEAS       5 NAYS       13 PRESENT …

 

P[resent]  Obama

 

NOTE: In the Illinois legislature, a vote of 'Present" has the same effect as a vote against a bill. This was implicitly stated by Obama in a debate with Alan Keyes on October 12, 2004 when he asserted that "21 other senators, Democrat and Republican … objected to the bill." As shown in this vote record and the next, only by counting the "Present" votes can the number of 22 be reached.

 

[177] Vote: "Senate Bill 1662 (third reading) – An Act concerning infants who are born alive." State of Illinois Senate, 92nd General Assembly, April 4, 2002.

http://www.ilga.gov/legislation/votehistory/srollcalls92/...

 

30 YEAS       12 NAYS       10 PRESENT …

 

N[ay]  Obama

 

[178] Congressional Record H796. United States House of Representatives, March 12, 2002. http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?...

 

The SPEAKER pro tempore (Mr. STEARNS). The question is on the motion offered by the gentleman from Wisconsin (Mr. SENSENBRENNER) that the House suspend the rules and pass the bill, H.R. 2175 [Born-Alive Infants Protection Act].

 

The question was taken.

 

The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of those present have voted in the affirmative.

 

[179] Congressional Record S7084. United States Senate, July 18, 2002. http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?...

 

There being no objection, the Senate proceeded to consider the bill.

 

Mr. REID. Mr. President, I ask unanimous consent that the bill be read the third time and passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the RECORD.

 

The PRESIDING OFFICER. Without objection, it is so ordered.

 

The bill (H.R. 2175) was read the third time and passed.

 

[180] Public Law 107-207: "Born-Alive Infants Protection Act of 2002." 107th United States Congress. Signed into law by President George W. Bush on August 5, 2002. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=...

 

An Act

 

To protect infants who are born alive. [H.R. 2175] …

 

(a) In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words 'person', 'human being', 'child', and 'individual', shall include every infant member of the species homo sapiens who is born alive at any stage of development.

 

(b) As used in this section, the term 'born alive', with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.

 

(c) Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being 'born alive' as defined in this section.

 

© 2008 Just Facts

 

imagesBlank


 
imagesBlank

newContent

panelButtons

SealOfIntegrity

 

panelButtons

 

facebook