[Congressional Record Volume 142, Number 46 (Friday, March 29, 1996)]
[Extensions of Remarks]
[Pages E509-E512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     SENATE AMENDMENTS TO H.R. 1833, PARTIAL-BIRTH ABORTION BAN ACT

                                 ______


                               speech of

                             HON. VIC FAZIO

                             of california

                    in the house of representatives

                       Wednesday, March 27, 1996

  Mr. FAZIO of California. Mr. Speaker, I oppose this rule and the 
underlying bill, H.R. 1833, because it is cruel and unnecessary 
Government intrusion into one of the most private and painful decisions 
a woman could ever face in her life.
  When this bill came before the House last fall, and again today, we 
have a rule that does not offer an opportunity to vote on a true 
exception to protect the life and health of the woman.
  Mr. Speaker, speakers on both sides of this issue have noted 
accurately that this procedure is rarely used. It is rarely used 
because the only reason women seek abortions late in pregnancy is 
because they face the terrible tragedy of a life-threatening or serious 
health-threatening situation, or when they discover that a very-much-
wanted child simply will not survive after birth. When they face this 
tragedy, this is one of very few, and sometimes is the only procedure 
that can be used, to protect their ability to become pregnant again.
  Testimony from women who have had this procedure is moving and 
undeniable. They are women who wanted their children and are devastated 
when they find that something has gone terribly wrong with their own 
health or that of the fetus.
  I submit for the record the stories of two women who both desperately 
wanted their children, but instead needed this procedure when tragedy 
struck.
  Mr. Speaker, we may never know the sorrow women like these two have 
faced. And we certainly can't presume to give them the best medical 
advice or emotional support they need. I urge the defeat of this rule 
and this bill.

                      Testimony of Coreen Costello

       My name is Coreen Costello. I live in Agoura, California, 
     with my husband Jim and our son Chad and daughter Carlyn. Jim 
     is a chiropractor and I live being a full-time, stay-at-home 
     wife and mom. I am a registered Republican, and very 
     conservative. I don't believe in abortion. Because of my 
     deeply held Christian beliefs, I knew that I would never have 
     an abortion. In fact, I remember a few years ago when I was 
     nursing my son Chad, I watched a speech Congressman Hyde gave 
     on C-SPAN against abortion. It was so eloquent, it moved me 
     to tears. I even participated in the ``Walk for Life'' 
     sponsored by our local Christian radio station.
       Even now, I amazed at the fact that I am here. I never 
     would have believed that I would be testifying in Congress, 
     supporting an abortion procedure.
       In March of last year, we were joyfully expecting the 
     arrival of our third child. Then on March 24, almost a year 
     ago to the day, when I was seven months pregnant, I began 
     having premature contractions and my husband and I rushed to 
     the hospital.
       During an ultrasound, the physician became very silent. 
     Soon more physicians came in. Jim told me everything would be 
     fine but I knew there was something very wrong. I went into 
     the bathroom and sobbed.

[[Page E510]]

     I begged God to let my baby be okay. I prayed like I've never 
     prayed before in my life.
       My husband reassured me that we could deal with whatever 
     was wrong. We had talked abut raising a child with 
     disabilities and there was never a question that we would 
     take whatever God gave us.
       My doctor arrived at two in the morning. He held my hand, 
     and informed me that they did not expect our baby to live. 
     She was unable to absorb the amniotic fluid and it was 
     puddling into my uterus. The poor precious child had a lethal 
     neurological disorder and had been unable to move for almost 
     two months. The movements I had been feeling over the last 
     few months had been nothing more than bubbles and fluid. Her 
     chest cavity was unable to rise and fall to stretch her lungs 
     to prepare them for air. It was as if she had no lungs at 
     all. Her vital organs were atrophying. Our darling little 
     girl was going to die.
       A perinatologist recommended terminating the pregnancy. For 
     my husband and me, this was not an option. We chose to wait 
     to go into labor naturally. We knew that it would not be 
     long. Due to the excess amniotic fluid, a condition called 
     polyhydramnios, premature labor was imminent. I wanted her to 
     come on God's time--I didn't want to interfere.
       It was so difficult to go home and be pregnant and go on 
     with life, knowing my baby was dying. I wanted to stay in 
     bed. My husband looked at me and said, ``Coreen, this baby is 
     still with us. Let's be proud of her. Let's make these last 
     days of her life as special as possible.'' I got out of bed 
     and put on my best maternity clothes, and went out with my 
     daughter Carlyn to get ready for her fifth birthday party. I 
     could feel my baby's life inside of me, and somehow I still 
     glowed.
       At this time we chose her name--Katherine Grace. 
     ``Katherine'' meaning pure, and ``Grace'' representing God's 
     mercy.
       We went to many more experts over the next two weeks. It 
     was discovered that Katherine's body was rigid and she was 
     wedged in a transverse position. Most babies are in the fetal 
     position, but Katherine's position was exactly the opposite. 
     It was as if she were doing a swan dive--the soles of her 
     feet were touching the back of her head. Her body was in a U-
     shape. Due to swelling, her head was already larger than that 
     of a full-term baby. I did exercises every day, trying to 
     change Katherine's position so that she could be delivered 
     naturally. The amniotic fluid continued to puddle into my 
     uterus.
       No one expected her to survive labor, but if she had 
     survived a natural birth or a C-section, we knew she would 
     have suffocated immediately after the umbilical cord was cut. 
     She had no lungs. She couldn't take even one breath. More and 
     more ultrasounds made that terrible truth clearer and 
     clearer, that if she were born, her passing would not be 
     peaceful or painless. But we kept praying for a miracle, 
     hoping that she would be able to pass away with our arms 
     wrapped tightly around her, hearing us telling her how much 
     we loved her.
       We went back to the hospital again and again, thinking I 
     was in labor. We were completely prepared to bring her into 
     the world, with the hope of having her with us even just for 
     a moment. This was my mission. But it was not to be. We 
     decided to baptize her in utero, while we knew she was still 
     alive.
       By this time, I'd seen my own obstetrician, two resident 
     obstetricians at Cedars-Sinai, and four perinatologies. Each 
     of these doctors had consulted with other experts. The 
     doctors all agreed that our safest option was an intact D&E, 
     but Jim and I couldn't face the horrible thought of having an 
     abortion.
       Finally, after two and a half weeks, I went to my own 
     doctor again for another ultrasound. The polyhydramnios had 
     grown even worse and my husband and her whole family were 
     afraid for my health. I could not sit or lie down for more 
     than ten minutes because the pressure on my lungs was so 
     great. But I wasn't worried about myself--I only thought of 
     Katherine.
       When Dr. Crane, performed the ultrasound, Katherine's heart 
     was barely beating. My doctor turned to my husband and said, 
     ``I can't deliver this baby. I could try, but I'm convinced 
     we would end up doing a caesarean and under the 
     circumstances, that is just too dangerous.'' He said, ``I 
     have to send you to Dr. McMahon.''
       I gasped out loud. Dr. Crane said to Jim, ``This is about 
     Coreen now,'' I began to cry. Again I said, ``What about a 
     caesarean?'' Dr. Crane said, ``I can't justify that risk to 
     you. There is a safer way.'' When I saw the anguish on my 
     doctor's face, I knew that we had no other choice. Dr. Crane 
     supported us so much in our decision to have Katherine 
     naturally, and he knew that we would have to live with our 
     decision for the rest of our lives. When I saw the pain on 
     his face, I knew I had to go. This wasn't a choice anymore. 
     It wasn't up to us. There was no reason to risk leaving my 
     children motherless if there was no hope of saving Katherine.
       We drove to Los Angeles. I cried the whole way, patting my 
     tummy and promising Katherine we would never let anyone hurt 
     or devalue her. On the way, Jim was adamant that if we 
     weren't comfortable, we would turn around and leave no matter 
     what. There was no way he would let his little girl's life 
     end in a way that didn't give her respect and dignity. I'd 
     never felt so scared and sick to my stomach in my life. I 
     kept asking God, ``Why are you making this so difficult for 
     us?''
       We expected a cold gray building . . . we expected an 
     abortion mill. We expected people who cared about me, but not 
     about Katherine. When we arrived, the place was beautiful and 
     peaceful. But when we walked in, I was still very defensive. 
     I didn't trust these people.
       The staff greeted us with such warmth and kindness. I was 
     immediately taken in to see Gale McMahon, the clinic's head 
     nurse. We started to talk, and Gale asked if we had named our 
     baby. ``Her name is Katherine Grace,'' I said and began to 
     cry. When I looked up, she too had tears in her eyes. At that 
     moment a little bit of my wall broke down.
       Gale explained the procedure in detail. My husband asked a 
     lot of questions. I was numb--I just kept thinking about 
     Katherine. We then went in to see Dr. McMahon. As he met with 
     us, he performed another ultrasound. I can't tell you the 
     compassion he had for us. He knew how much discomfort I was 
     in from the polyhydramnios and the size of my uterus, and how 
     much we were both suffering at losing our little girl. He was 
     so gentle and kind.
       Dr. McMahon immediately asked me the same question Gale 
     had: ``Have you named her?'' He never referred to her as 
     fetal tissue, or a fetus, or even just a baby. She was always 
     Katherine.
       He told us that my condition meant that we had to do this 
     procedure right away. My uterus was far too full of fluid to 
     wait. We asked if there was any way that Katherine could be 
     born alive. He looked carefully at the ultrasound, measured 
     her head and explained sadly how large it was, and said that 
     there was no way it could fit through my cervix without 
     draining some of the fluid. He also explained that due to the 
     difficulty of the position she was in, they would have to go 
     inside my womb and for that, I would be put under heavy 
     anesthesia. With her heartbeat as irregular and slow as it 
     was already, he did not think she would survive the 
     anesthesia.
       It was so hard to accept, but we began to understand that 
     it was what we had to do. After Dr. McMahon explained the 
     procedure to us again, I felt comforted. He and his staff 
     understood the pain and anguish we were feeling. I realized I 
     was in the right place. This was the safest way for me to 
     deliver. This left open the possibility of more children. It 
     greatly lowered the health risk to me. Most important, it 
     offered a peaceful, painless passing for Katherine Grace.
       For many women, this procedure takes longer, but I went 
     into labor very quickly after Dr. McMahon put in the first 
     set of dilators. When I came back the next morning, my cervix 
     was already dilated sufficiently, and it was time to begin 
     the surgery. I was put under anesthesia.
       When I awoke a few hours later, Katherine was brought in to 
     us. Gale gave her to me and said, ``She's beautiful.'' Gale 
     helped me to bond with her. She really was beautiful. She was 
     not missing part of her brain. She had not been stabbed in 
     the head with scissors. She looked peaceful. My husband and I 
     held her tight and sobbed.
       One of the things I noticed when I was holding Katherine 
     was that the socks we bought for her were too big. Someone 
     had taken tiny, soft pink ribbons, and tied them gently at 
     the ankles so that her socks would fit. I can't tell you the 
     peace that brought me. I knew they were taking care of her 
     just as we would. We stayed with her for hours, praying and 
     singing lullabies. Giving her back was the hardest moment of 
     my life.
       Dr. McMahon and his staff helped us get through the dark 
     days to come. They counseled us and gave us information on 
     help for dealing with our grief--not just for Jim and me, but 
     for our children, so they could get through the grief of 
     losing their sister, and for our parents, so they could cope 
     with their grief at losing their granddaughter.
       When I went back for my checkup, Dr. McMahon was so pleased 
     that I was recovering well physically. But he was worried 
     about how I was doing emotionally, and we talked a lot about 
     how I felt. My arms were physically aching, and he told me I 
     wasn't alone, that so many women feel that way. Your arms 
     ache to hold your baby. And then he told me something I've 
     never forgotten. He said, ``People don't want to know that 
     this happens. They don't want to know that there are babies 
     born with their brains outside their skulls, that there are 
     babies for whom life is not gift but only cruelty and pain 
     and death. They don't want to know what families like yours 
     have to suffer.'' I didn't realize just how true that was 
     until I came here.
       I know how many of you feel about abortion, because that's 
     how I felt. I still am against abortion. Before this happened 
     to me, I had a friend who had something terrible like this 
     happen in a pregnancy she'd wanted very much. I tried to be 
     empathetic and I never said anything to her that was not 
     kind, but in my heart there was a part of me that judged 
     here. I knew that I would never make that decision. I don't 
     judge anymore.
       When I lost Katherine. I was devastated. For some reason 
     God chose not to give her the gift of life. But losing her 
     taught me how precious that gift of life is. I have my 
     health, I have the ability to walk, to run, to enjoy life 
     with my husband and my wonderful children. That is the gift 
     that Dr. McMahon's procedure gave me and I am grateful for 
     that every day of my life.
       Because of the safety of this procedure, I am now pregnant 
     again and will have another baby in June. Thanks to the grace 
     of God and the skill and compassion of Dr. McMahon, I can 
     have another healthy baby.

[[Page E511]]

     If you outlaw this surgical procedure, other women like me 
     will be denied that gift, that joy. They may lose their 
     ability to have more children; they may lose their health; 
     they may lose their lives. The child that I carry today is by 
     no means a replacement for Katherine. There will always be a 
     hole in our hearts where she should be, but this baby is a 
     sign that life goes on and that God is good.
       Someday, we'll tell our little boy or girl this story. 
     We'll talk about Katherine, and how she changed our lives--
     and how, in a way, she went to Washington. We'll talk about 
     how, even though her life ended before it could really begin, 
     the way she left this world allowed us to have this new 
     miracle. We pray that this story has a happy ending. We pray 
     to be able to tell Chad, Carlyn and their little brother or 
     sister that when Congress heard, really heard, the truth 
     about the surgery that helped their Mom, the members of 
     Congress realized that they had no business doing what they 
     were trying to do. They knew that they could never 
     understand. We didn't understand before. Now we do. I pray 
     that you will understand as well and put a stop to this 
     terrible bill. When you vote on this bill again, please 
     remember me. remember my face, remember my name, remember my 
     family and the child I am carrying.
                                                                    ____


                     Testimony of Mary-Dorothy Line

       My name is Mary-Dorothy Line. I am here today to oppose 
     H.R. 1833. This legislation would outlaw a compassionate 
     medical procedure that helped me and my family through the 
     most difficult situation in our lives. I have come to 
     Washington to oppose this legislation to ensure that it is 
     available to other women and families in the future.
       I am a registered Republican and a practicing Catholic. My 
     husband, Bill, is a consulting engineer. We live in Los 
     Angeles, California. Bill and I got married while in college. 
     We had been married almost 14 years before we decided to 
     start our family. Since having children was not a decision we 
     took lightly, we waited until we were financially, 
     emotionally, and spiritually prepared. In April of 1995 when 
     we found out I was pregnant, we were thrilled. We waited to 
     tell my father and our other family members until Father's 
     Day--an extra special Father's Day present.
       The first four months proceeded normally. Dr. Pamela Lui, 
     an OB/GYN at Northwestern University Hospital in Chicago was 
     my doctor and I followed her instructions exactly. I read 
     everything I could about pregnancy and parenting. We debated 
     having an amniocentesis, but Dr. Lui said that it was not 
     necessary due to my age (under 35) and no family history of 
     genetic disorders. But she did recommend an alpha-fetoprotein 
     (AFP) test which is routinely performed in most pregnancies 
     to screen for neurological anomalies such as spina bifida. 
     The nurse who drew my blood for the AFP said she would call 
     me with the results in about two weeks, but if there was a 
     problem, the doctor would call.
       When Dr. Lui called I was not thinking and started chatting 
     away to her until I remembered what the nurse said; my heart 
     started pounding. Dr. Lui told me that the AFP showed an 
     elevated level of something which might indicate that there 
     was a problem with our baby. She advised us to have an 
     amniocentesis even though the chances were still great that 
     everything was fine.
       My husband and I talked about what we would do if there was 
     something ``abnormal.'' We quickly decided that we are strong 
     people and very much in love and, that while having a 
     mentally or physically disabled child would be hard that it 
     would not be too hard. But we also decided that we needed to 
     know what we were dealing with, so I made an appointment with 
     a perinatalogist at Northwestern Hospital to have an 
     amniocentesis. During the ultrasound for the amniocentesis, 
     the doctor noticed that the baby's head was too large and 
     that there was a lot of fluid in his head. He told me to have 
     another ultrasound in two weeks to check the progression.
       I had no idea what all this meant so I rushed to Dr. Lui's 
     office and asked her to explain. She drew some pictures and 
     explained that the condition was called hydrocephalus; that 
     in every person's head there is fluid to protect and cushion 
     the brain, but if there is too much fluid, the brain cannot 
     develop. I called my husband at work and had him taken out of 
     a meeting to ask him to meet me right away. I explained 
     everything to him. He said that everything would work out and 
     not to worry. We actually believed everything would be OK in 
     two weeks.
       I told my father that we might have a problem, but he also 
     said that everything would be fine since there are no genetic 
     problems in either Bill's family or mine. When we told my 
     mother-in-law, she said she would pray for us. We are all 
     Catholic and go to church every week. When we have 
     problems and worries, we turn to prayer. So, we prayed, as 
     did our parents and grandparents.
       To complicate matters even more, while these problems were 
     occurring Bill and I were in the process of moving from 
     Chicago to Los Angeles for my husband's job. As we were 
     driving across the country, we had a week to talk and think 
     and pray.
       We arrived at our new apartment in Los Angeles on Sunday 
     afternoon to a letter from Northwestern Hospital in Chicago 
     saying that the amniocentesis results were perfect. We were 
     so relieved. I knew that there was still a chance that the 
     excess fluid on the brain was a problem, but we had been 
     praying so hard and wanted this baby so much that we truly 
     believed that everything was going to be fine. Since it was 
     Sunday, we went to church and thanked God. We went to bed 
     happy that night; our worries were over.
       Monday was my husband's first day of work at his new job. I 
     had an appointment scheduled with a perinatalogist from Santa 
     Monica Hospital and Cedar Sinai Hospital for another 
     ultrasound. Bill insisted on coming to the ultrasound, even 
     though I told him that he did not need to be there--after 
     all, it was his first day of work. But I did think it would 
     be exciting for him to see our baby on the ultrasound. I was 
     21 weeks pregnant.
       The doctor, Dr. Connie Agnew, asked why we were there. We 
     explained what the doctors in Chicago had told us and she 
     said she would make her own diagnosis. After about a minute, 
     she told us that she did not have good news; it was a very 
     advanced textbook case of hydrocephaly. My husband almost 
     passed out. We asked what we could do and she said there was 
     nothing we could do. A hydrocephalic baby that advanced has 
     no hope. The baby would most likely be stillborn. She 
     recommended that we terminate the pregnancy.
       Our ob/gyn in Los Angeles, Dr. William Frumovitz, 
     recommended a second opinion. Dr. Frumovitz sent us to a 
     wonderful, compassionate doctor at Cedar Sinai Hospital, Dr. 
     Dru Carlson. She stayed late to see us and confirmed our 
     worst fears. She asked us to bear with her as she looked at 
     our baby to see if there were any other problems besides the 
     hydrocephaly. We sat there and watched as she examined our 
     baby, the baby we knew we would never have. She worked very 
     hard for 45 minutes and then told us that in addition to the 
     brain fluid problem, the baby's stomach had not developed and 
     he could not swallow. We asked about in-utero operations and 
     drains to remove the fluid, but Dr. Carlson said there was 
     absolutely nothing we could do. The hydrocephaly was too 
     advanced. Our precious little baby was destined to be taken 
     from us. Dr. Carlson also recommended that we terminate the 
     pregnancy.
       My poor husband called our parents and grandparents and 
     told them the awful news. My father started crying; we were 
     all crying. This couldn't be happening to us. But it did 
     happen to us.
       Doctors Frumovitz, Agnew and Carlson referred us to Dr. 
     James McMahon. They all said that the procedure that he 
     performs, the intact dilation and evacuation (Intact D&E), 
     was the best and safest procedure for me to have. The 
     multiple days of dilation would not be traumatic to my 
     cervix. This was important to preserve my body and protect my 
     future fertility. They knew that that was very important to 
     my husband and I since we really wanted to have children in 
     the future. Dr. Carlson said that with this procedure they 
     would be able to perform an autopsy to determine if we were 
     likely to face similar problems in future pregnancies. With 
     no hope for this baby, our doctors were recommending the best 
     option, with hope for the future.
       Dr. McMahon and his staff were the kindest people you could 
     ever meet. They explained the intact D&E procedure to us. Dr. 
     McMahon used ultrasound to examine the baby, in case the 
     three other specialists were wrong. They were not.
       The dilation took three days and two trips a day to his 
     office. These were the worst days of our lives. We had lost 
     our son before we even had him. After the dilation was 
     complete, I was put under heavy anesthesia. A simple needle 
     was used to remove the fluid from the baby's head, the same 
     fluid that killed our son. This enabled his head to fit 
     through my cervix.
       My husband and I are disturbed by the way this 
     compassionate medical procedure has been portrayed by members 
     of Congress. We thoroughly investigated this procedure before 
     we had it. Every specialist told us that it is a safe and 
     compassionate procedure. We were very informed and educated 
     before making this decision. What they were saying in 
     Congress bothered us so much that I went back to Dr. 
     McMahon's office to try to figure out why this procedure was 
     being misrepresented. Our anger at how this procedure was 
     portrayed is why I am here today.
       This is the hardest thing I have ever been through. I pray 
     that this will never happen to anyone ever again, but it will 
     and those of us unfortunate enough to have to live through 
     this nightmare need a procedure which will give us hope for 
     the future. With this procedure families can see, hold and 
     even bury their babies. In addition, the baby can be visually 
     or clinically studied by specialists to determine if there 
     are genetic abnormalities that can be avoided in future 
     pregnancies. I am lucky that I was able to have this 
     procedure. Because the trauma to my body was minimized by 
     this procedure, I was able to become pregnant again, only 
     four months later. We are expecting another baby in 
     September. Dr. McMahon and the intact D&E procedure made this 
     possible for us.
       One of the first things Dr. McMahon told us was that this 
     job was not done until he and his staff receive a baby 
     picture of our next child. At the time, I couldn't imagine 
     becoming pregnant ever again. A month later, it was all I 
     thought about. I desperately wanted to be pregnant and 
     finally start our family. This procedure gave us hope. Please 
     don't take that away from the families who will need it after 
     us. You must leave medical decisions to the families and the 
     medical experts who have to live with the consequences. It is 
     not the place of government to interfere in these very 
     private, personal decisions.

[[Page E512]]



                LARRY LEIBOWITZ CELEBRATES 50TH BIRTHDAY

                                 ______


                        HON. JOHN J. DUNCAN, JR.

                              of tennessee

                    in the house of representatives

                         Friday, March 29, 1996

  Mr. DUNCAN. Mr. Speaker, I would like to congratulate Mr. Lawrence 
Paul Leibowitz, a longtime resident of the Second Congressional 
District of Tennessee, on his 50th birthday. Larry Leibowitz celebrates 
this joyous occasion surrounded by his loving family and friends.
  Mr. Leibowitz was born in 1946 in Knoxville, TN and has lived there 
his entire life. He earned his undergraduate degree from the University 
of Tennessee and is also a graduate of the University of Tennessee Law 
School. Larry proudly served in the U.S. Army Reserve for 7 years. He 
married Kay Shamitz, has three children, and is blessed with the 
addition of his first granddaughter, Rebecca Asher.
  Larry has been a close personal friend of mine for over 20 years. The 
very first major jury trial that I tried as a young lawyer in criminal 
court in Knoxville was done with Larry as my cocounsel and mentor.
  I tried other cases over the years with Larry, and he tried many 
important cases in my court after I became judge, including one very 
difficult death penalty murder case in which he saved a young man from 
the electric chair. I have learned very much over the years from Larry 
Leibowitz, and I think that he is one of the finest men I know.
  Larry Leibowitz is also a leader in the Knoxville Jewish community 
and has served as the vice president and chairman of the board of Heska 
Amuna Synagogue. In addition, he has served as the vice president of 
the Knoxville Jewish Community Center. Larry is active in the American 
Israel Public Affairs Committee and the Jewish Federation of Knoxville.
  Mr. Leibowitz is a member of the Master's Lodge 242 in Knoxville and 
is a 32d degree KCCH of Scottish Rite. He currently serves as counsel 
for the Knoxville Bar Association and is involved with the Knoxville 
Museum of Art and the East Tennessee Opera Guild. Politically active 
for many years, Larry chairs the 46th ward in Knoxville. Larry was 
recently appointed by Governor Sundquist to the Tennessee-Israel 
Friendship Subcommittee on Economic Development.
  As you can see, Lawrence Paul Leibowitz leads an active life and 
contributes much of his time to his family and community. Mr. Speaker, 
today, it gives me great pleasure to honor my friend who has served his 
community so well. I wish him many more happy and healthy years to 
come. Happy birthday, Larry.

                          ____________________