Partial-Birth+Abortion

=**Partial-Birth Abortion**=

Partial-Birth Abortion
As “partial-birth abortion” is the colloquial term for the medical term, “intact dilation and extraction”, the general U.S. population recognizes this type of abortion as a general focal point of the abortion debate. While it’s formal definition says “a surgical abortion that is typically performed during the third trimester or later part of the second trimester of pregnancy and in which the uterine cervix is dilated and death of the fetus is induced after it has passed partway through the birth canal—called also D&X, partial-birth abortion” (Dilation and extraction, 2011).

Laws Concerning Partial-Birth Abortion
“The Partial-Birth Abortion Ban Act of 2003 and the Commerce Clause” was signed on November 5, 2003, by President George W. Bush. This law “bans the use of partial-birth abortions throughout the United States except when necessary to save the life of the mother” (Ides, 2003-2004). Section 1531(a) of the PBABA (Partial-Birth Abortion Ban Act) states: 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” (Ides, 2003-2004). In general terms, this “law prohibits an abortion provider from intentionally drawing the fetal trunk or fetal head outside the woman's body prior to fetal demise and then taking an action, other than delivering the fetus, which causes fetal demise. (Jones et al., 2009) The law does not apply if the fetus dies in the uterus or before mandated body parts are taken from the mother’s body. This law also contains no exceptions for abortions needed to protect the mother’s health. (Jones et al., 2009)



//Roe////vs. Wade//
In Roe vs. Wade (1973), it was determined that the federal court had decided that it was legal for a woman to have an abortion pending it is the best decision for either theprenatal life, or for the mother’s health. This was based off of the Fourteenth Amendment, citing the U.S. citizens right to privacy.

//Stenberg vs. Carhart//
“In Stenberg vs. Carhart, (530 U.S. 914, 932(2000)), the United States Supreme Court opined "that significant medical authority supports the proposition that in some circumstances, [partial birth abortion] would be the safest procedure" for pregnant women who wish to undergo an abortion. Thus, the Court struck down the State of Nebraska's ban on partial-birth abortion procedures, concluding that it placed an "undue burden" on women seeking abortions because it failed to include an exception for partial-birth abortions deemed necessary to preserve the "health" of the mother. (Legal Information Institute. Supreme Court of the United States, Stenberg, Attorney General of Nebraska, et al. v. Carhart.)”.

//Gonzalez vs. Carhart//
In the federal case “Gonzalez vs. Carhart”, the Partial-Birth Abortion Ban Act of 2003 was upheld, saying that the law did not “impose an ‘undue burden’ on the right of women to have an abortion. However, the PBABA, “does not regulate the most common abortion procedures used in the first trimester of pregnancy, when the vast majority of abortions take place. In the usual second-trimester procedure, “dilation and evacuation” (D&E), the doctor dilates the cervix and then inserts surgical instruments into the uterus and maneuvers them to grab the fetus and pull it back through the cervix and vagina. The fetus is usually ripped apart as it is removed, and the doctor may take 10 to 15 passes to remove it in its entirety. The procedure that prompted the federal Act and various state statutes, including Nebraska’s, is a variation of the standard D&E, and is herein referred to as “intact D&E.” The main difference between the two procedures is that in intact D&E a doctor extracts the fetus intact or largely intact with only a few passes, pulling out its entire body instead of ripping it apart. In order to allow the head to pass through the cervix, the doctor typically pierces or crushes the skull. (Legal Information Institute, Supreme Court of the United States, Gonzales, Attorney General v. Carhart et al.)”

Legal Distinctions
Thereare two typesof dilation and evacuations: standard dilation and evacuation, which are legal, and illegal, intact dilation and evacuations. There is a distinct lack in the line between these two. This is “evident from the Court's acknowledgment that the ban "excludes most dilation and evacuations in which the fetus is removed in pieces."[41(p1629)] It then held that legislatures can ban such intact procedures, requiring doctors to change their abortion technique to promote "respect for the dignity of human life," even if that means the abortion method used will be some degree less safe for the woman.[41(pp1633,1636)]”(Jones et al., 2009). In addition, to this, the Court said that bans do not need to contain a health exception because there are so many differing opinions within the medical field and community, about the pros and cons of this banned medical practice and whether or not the a safe alternative exists. (Jones et al., 2009).

Risks
When undergoing partial-birth abortion, whether it is the standard procedure or intact procedure, there are several health risks to the mother. These risks obviously include the risks any mother experiences when giving birth, in addition to the added emotional trauma of the extended life span of the fetus.