[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[Senate]
[Pages S11227-S11228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           VOTE TO OVERRIDE THE PRESIDENT'S VETO OF H.R. 1833

  Mr. THURMOND. Mr. President, I rise today to speak on the President's 
veto of legislation to ban partial-birth abortions.
  The President should have signed this legislation and helped us ban 
the shocking procedure known as partial-birth abortions. Instead, he 
ignored the overwhelming evidence that compels the need for this 
legislation to become law. I heard testimony on this matter from 
doctors before the Judiciary Committee and without any doubt, the 
availability of this procedure is indefensible.
  The former Surgeon General, C. Everett Koop, stated, and I quote, 
``In no way can I twist my mind to see that partial-birth --and then 
destruction of the unborn child before the head is born--is a medical 
necessity for the mother.''
  Mr. President, one important issue that must be addressed here is the 
constitutionality of the partial-birth abortion ban. I believe that 
based on Supreme Court rulings in this area, the Partial-Birth Abortion 
Ban Act of 1995 would survive a constitutional challenge. In fact, in 
Planned Parenthood of Southeastern Pennsylvania versus Casey the 
Supreme Court stated, ``The woman's liberty is not so unlimited * * * 
that from the outset the State cannot show its concern for the life of 
the unborn, and at a later point in fetal development the State's 
interest in life has sufficient force so that the right of the woman to 
terminate the pregnancy can be restricted.''
  The Casey decision established the undue burden test with the 
threshold question being whether the abortion-related statute imposes 
an undue burden on a mother's right to choose to have an abortion.
  Mr. President, I believe that the Partial-Birth Abortion Ban Act of 
1995

[[Page S11228]]

would survive constitutional challenge and would be subject to the 
rational basis scrutiny because it does not impose an undue burden on 
the mother's right to choose to have an abortion. The legislation is 
constitutionally sound, serves a legitimate governmental interest, and 
should become law.
  The House recently voted to override the President's veto of this 
important bill and we should join them when the Senate votes on 
Thursday. I urge my colleagues to override the President's misguided 
veto of the Partial-Birth Abortion Ban Act of 1995.
  I wish to thank the able Senator from North Dakota for allowing me to 
speak at this time.
  Mr. DORGAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I ask unanimous consent to be allowed to 
speak in morning business for 8 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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