[Congressional Record Volume 141, Number 195 (Friday, December 8, 1995)]
[Senate]
[Page S18287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PARTIAL-BIRTH ABORTION BAN ACT

  Mr. BYRD. Mr. President, the Senate voted on November 8 to commit 
H.R. 1833, the partial-birth abortion ban bill, to the Senate Judiciary 
Committee for a hearing and, within 19 days, to report the bill back to 
the full Senate. The Judiciary Committee held a hearing on this measure 
on November 17. H.R. 1833 came before the Senate again yesterday, 
December 7, and I voted against this measure.
  This is an extremely difficult issue, one which I have wrestled with 
a great deal. However, after carefully listening to the debate and 
following the Judiciary Committee hearing, I have concluded that this 
is a matter in which Congress should not impose its judgment over that 
of the medical community.
  H.R. 1833, the Partial-Birth Abortion Ban Act, would criminalize a 
medical procedure, the partial-birth abortion. Physicians have 
expressed concern that the bill does not use recognized medical terms 
in defining partial-birth abortion, thus, creating uncertainty as to 
what procedures would be banned. It is my understanding that the 
American College of Obstetricians and Gynecologists oppose this bill. 
Beyond the concern about the terminology used to define the procedure, 
the college also expressed concern that Congress is attempting to 
impose its judgment over that of physicians in medical matters.
  The Senate Judiciary Committee hearing had a panel of physicians 
testify who could not agree about this procedure. If doctors are 
uncertain, I do not believe it is a good idea for Congress to ban this 
procedure in all instances. Although an exception for the life of the 
mother was adopted during this debate, the health of the mother is not 
taken into account. It is my understanding that this procedure, in some 
circumstances, may be the least risky option for a woman and may be 
necessary to preserve the health and the future fertility of the woman.
  Also testifying before the Senate Judiciary Committee were women who 
had this procedure. I admire these women for coming forth to relate 
their painful and personal experiences so that the Senate could better 
understand the impact of this legislation. These women were faced with 
the necessity of terminating their very much wanted pregnancies because 
their unborn babies suffered severe abnormalities. Their physicians 
decided that in their tragic circumstances, this procedure was the 
safest option.
  No woman should have to face this situation. But unfortunately and 
tragically pregnancies do not always to as planned. Severe fetal 
abnormalities or the threat to a woman's life or health that may be 
exacerbated by pregnancy sometimes lead to the need for women and their 
families to make difficult decisions. These are tragic decisions women 
and their doctors should make without the interference of the Congress. 
I sympathize greatly with the women and families who unfortunately have 
had to face these decisions. If we enact this legislation, aren't we 
making the plight of women who may face this agonizing situation in the 
future that much more difficult by removing what may be the safest 
option as determined by the woman and her doctor?
  In addition, the Supreme Court has ruled that States can ban, 
restrict, or prohibit post-viability abortions except in cases where 
the woman's life or health is a jeopardy. In fact, 41 States have 
chosen to restrict abortions after viability. I believe this issue is 
best left to States to regulate.
  Given the uncertainty in the medical community surrounding this 
procedure and the unprecedented step this bill takes in criminalizing a 
medical procedure, I voted against H.R. 1833. I do not believe that the 
Federal Government should be usurping the powers of the States in such 
matters. Nor do I believe that politicians should be involved in 
private decisions between patients and their doctors regarding the 
appropriate medical treatment of serious heart-rending and critical 
health matters.

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