[Congressional Record Volume 149, Number 28 (Friday, February 14, 2003)]
[Senate]
[Pages S2522-S2523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself, Mr. Fitzgerald, Mr. Campbell, Mr. 
        DeWine, Mr. Frist, Mr. Brownback, Mr. Ensign, Mr. Inhofe, Mr. 
        Kyl, Mr. Lugar, Mr. Allard, Mr. McCain, Mr. Roberts, Mr. 
        Shelby, Mr. Warner, Mr. McConnell, Mr. Hatch, Mr. Voinovich, 
        Mr. Hagel, Mr. Bunning, Mr. Domenici, Mr. Smith, Mr. Graham of 
        South Carolina, Mr. Enzi, Mr. Lott, Mrs. Dole, Mr. Allen, Mr. 
        Cornyn, Mr. Nickles, Mr. Grassley, Mr. Talent, Mr. Bond, Mr. 
        Thomas, Mr.

[[Page S2523]]

        Craig, Mr. Chambliss, Mr. Sessions, Mr. Gregg, Mr. Bennett, and 
        Mr. Coleman):
  S. 3. A bill to prohibit the procedure commonly known as partial-
birth abortion; read the first time.
  Mr. SANTORUM. Mr. President, I rise today to introduce the Partial 
Birth Abortion Ban Act of 2003. I am joined in introducing this bill by 
38 of my colleagues, over a third of the Senate. This bill is written 
to prohibit one particularly gruesome, inhumane, and medically 
unaccepted late term abortion method, except when the procedure is 
necessary to save the life of the mother. Partial birth abortion is a 
procedure that is performed over a 3-day period in the second or third 
trimester of pregnancy. In this particular abortion technique, the 
physician delivers all but the head of a living baby through the birth 
canal, stab the baby in the base of the skull with curved scissors, and 
the uses a suction catheter to remove the child's brain. This procedure 
kills the baby. After collapsing the skull, the doctor completes the 
procedure. According to Ron Fitzsimmons of the National Coalition of 
Abortion Providers, this procedure is performed on a healthy mother 
with a healthy fetus that is 20 weeks or more along in the vast 
majority of cases.
  The American public finds this procedure repugnant. A recent CNN/USA 
Today/Gallup poll indicated that 70 percent of Americans favored laws 
making it illegal to perform partial birth abortions, except when 
necessary to save the life of the mother. This procedure is also 
unrecognized by the mainstream medical community as a valid abortion 
procedure. The American Medical Association has said this procedure is 
``not good medicine,'' is ``ethically wrong,'' and ``not an accepted 
`medical practice'.''
  As far back as the 104th Congress, the Senate and the House of 
Representatives both acted to ban this procedure. Unfortunately, 
President Clinton vetoed that bill. The House voted to override that 
veto, but the Senate fell short. Likewise, during the 105th Congress, 
the House and Senate acted to pass a bill banning this procedure. 
Again, President Clinton vetoed that bill banning an abortion procedure 
that occurs as the child is inches from being completely outside the 
mother. The House subsequently overrode his veto. The Senate failed to 
override by just three votes. In the 106th Congress as well, the Senate 
and the House both acted to overwhelmingly pass legislation banning 
this procedure.
  A little over two years ago, the U.S. Supreme Court, in its Stenberg 
versus Carhart decision, struck down a similar, but not identical, law 
in the state of Nebraska that banned partial birth abortions. The 
Stenberg majority opinion voiced concern that the description of the 
abortion procedure as described in the Nebraska law was vague and might 
apply to other types of late-term abortions. A second concern was that 
the law did not provide an exception for those instances when the 
banned procedure was judged necessary to preserve the health of the 
mother.
  Last year, during the 107th Congress, Representative Steve Chabot of 
Ohio introduced a bill responding to those concerns. This bill passed 
the House of Representatives by a vote of 274-151. Unfortunately, the 
Senate was kept from considering this bill.
  Today, I introduced a similar bill banning the horrific procedure of 
partial birth abortion, except when necessary to save the life of a 
mother. To respond to the Supreme Court's concerns in Stenberg, this 
bill provides a very precise definition of the partial birth abortion 
procedure to make it very clear what procedure is meant.
  Second, the Court based its decision in Stenberg on the federal 
district court's factual findings regarding the safety of the partial 
birth abortion procedure. These findings were highly disputed and 
inconsistent with the overwhelming weight of authority on the issue--
including evidence presented at the Stenberg trial, other trials 
challenging partial birth abortion bans, and at the extensive 
Congressional hearings that have been held over the years. Despite the 
lack of evidence supporting the district court's findings, the Supreme 
Court was required to accept them because of the ``clearly erroneous'' 
standard that is applied to lower court factual findings. However, 
under well-settled Supreme Court jurisprudence, the Congress is not 
required to accept these ``factual findings,'' but is entitled to reach 
its own factual findings--findings that the Supreme Court accords great 
deference--and may enact legislation based on these findings. The bill 
I introduce today includes a series of findings from congressional 
hearings held over the years and from expert testimony that 
demonstrates that a partial birth abortion is never necessary to 
preserve the health of the mother, poses significant health risks to 
the woman, and is outside the standard of medical care.
  Over the years, during the consideration of this ban, proponents of 
partial birth abortion have supported their arguments for this 
procedure with myth and misinformation. When the time comes for the 
full Senate to consider this bill, I look forward to again countering 
those untruths with the truth, and I ask my colleagues to vote to ban 
partial birth abortion.
  It is long past time for the U.S. Senate to again pass a bill banning 
partial birth abortion. I am pleased that the Senate leadership has 
seen this as a legislative priority for the 108th Congress. The House 
and Senate have overwhelming supported such a ban time and time again. 
President Bush has asked us to send him a bill to end the practice of 
partial birth abortion. The American people clearly believe this is a 
procedure that should be prohibited. I appreciate the support of so 
many of my colleagues who have joined me in introducing this bill. And 
I am hopeful--very hopeful--that the 108th Congress will not end before 
this bill becomes law, before children in the very process of being 
born are protected by the laws of this great nation of ours.
                                 ______