[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.
____________________