[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 776 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 776

  To provide that human life shall be deemed to exist from conception.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2005

 Mr. Paul (for himself, Mr. Garrett of New Jersey, and Mr. Bartlett of 
  Maryland) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide that human life shall be deemed to exist from conception.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sanctity of Life Act of 2005''.

SEC. 2. FINDING AND DECLARATION.

    (a) Finding.--The Congress finds that present day scientific 
evidence indicates a significant likelihood that actual human life 
exists from conception.
    (b) Declaration.--Upon the basis of this finding, and in the 
exercise of the powers of the Congress--
            (1) the Congress declares that--
                    (A) human life shall be deemed to exist from 
                conception, without regard to race, sex, age, health, 
                defect, or condition of dependency; and
                    (B) the term ``person'' shall include all human 
                life as defined in subparagraph (A); and
            (2) the Congress recognizes that each State has the 
        authority to protect lives of unborn children residing in the 
        jurisdiction of that State.

SEC. 3. LIMITATION ON APPELLATE JURISDICTION.

    (a) In General.--Chapter 81 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1260. Appellate jurisdiction; limitation
    ``Notwithstanding the provisions of sections 1253, 1254, and 1257, 
the Supreme Court shall not have jurisdiction to review, by appeal, 
writ of certiorari, or otherwise, any case arising out of any statute, 
ordinance, rule, regulation, practice, or any part thereof, or arising 
out of any act interpreting, applying, enforcing, or effecting any 
statute, ordinance, rule, regulation, or practice, on the grounds that 
such statute, ordinance, rule, regulation, practice, act, or part 
thereof--
            ``(1) protects the rights of human persons between 
        conception and birth; or
            ``(2) prohibits, limits, or regulates--
                    ``(A) the performance of abortions; or
                    ``(B) the provision of public expense of funds, 
                facilities, personnel, or other assistance for the 
                performance of abortions.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 81 of title 28, United States Code, is amended by adding at 
the end the following new item:

``1260. Appellate jurisdiction; limitation.''.

SEC. 4. LIMITATION ON DISTRICT COURT JURISDICTION.

    (a) In General.--Chapter 85 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1370. Limitation on jurisdiction
    ``Notwithstanding any other provision of law, the district courts 
shall not have jurisdiction of any case or question which the Supreme 
Court does not have jurisdiction to review under section 1260 of this 
title.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 85 of title 28, United States Code, is amended by adding at 
the end the following new item:

``1370. Limitation on jurisdiction.''.

SEC. 5. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of the 
enactment of this Act, and shall apply to any case pending on such date 
of enactment.

SEC. 6. SEVERABILITY.

    If any provision of this Act or the amendments made by this Act, or 
the application of this Act or such amendments to any person or 
circumstance is determined by a court to be invalid, the validity of 
the remainder of this Act and the amendments made by this Act and the 
application of such provision to other persons and circumstances shall 
not be affected by such determination.
                                 <all>