[Congressional Record Volume 148, Number 103 (Thursday, July 25, 2002)]
[Extensions of Remarks]
[Page E1375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PARTIAL-BIRTH ABORTION BAN ACT OF 2002

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                               speech of

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                        Wednesday, July 24, 2002

  Mr. MOORE. Mr. Speaker, two years ago, I voted against a so-called 
``partial birth abortion'' ban because I believed it to be 
unconstitutional. The Supreme Court's 2000 decision in Stenberg v. 
Carhart proved me to be correct. Despite this ruling, the bill before 
us today corrects none of the flaws that were clearly outlined by the 
Court. Today's vote is a purely political exercise.
  H.R. 4965 does not include an exception to protect the health of the 
woman, despite clear instructions from the Court, in more than one 
decision since 1972, that any law restricting abortion must include 
such an exception. This bill, despite cosmetic changes to the language, 
is still unconstitutional.
  I believe in a woman's right make important decisions regarding her 
body and health. I also believe that the state can and should regulate 
abortion after the point of fetal viability. These two principles were 
codified in the 1973 Roe v. Wade Supreme Court decision.
  Mr. Speaker, if Congress truly wishes to ban abortion after the point 
of fetal viability, we should consider and pass H.R. 2702, the Late 
Term Abortion Restriction Act. This legislation, which I have 
cosponsored, would prohibit all late-term abortions, regardless of 
procedure, with exceptions only to protect the life of the mother and 
to avert serious adverse health consequences.
  The House was not allowed to vote on this bill today, which is a 
great shame, since it goes to the heart of this issue rather than using 
it as a campaign message. H.R. 2702 addresses what the American people 
truly want to stop: the termination of a viable fetus during late 
stages of a pregnancy.
  Today, I will vote against H.R. 4965. 1 urge my colleagues who truly 
wish to ban post-viability abortions to consider H.R. 2702 as a real 
solution to this personal and political issue.

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