[Congressional Record Volume 149, Number 141 (Wednesday, October 8, 2003)]
[Extensions of Remarks]
[Page E2011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONFERENCE REPORT ON S. 3, PARTIAL-BIRTH ABORTION BAN ACT OF 2003

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                               speech of

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                       Thursday, October 2, 2003

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to express regret 
that the majority has chosen to play partisan politics and exclude a 
health exception in this Partial Birth Abortion Ban Act of 2003 
conference report that is before us today.
  In years past when this bill has come before the floor of the House, 
its major flaw has been the absence of a health exception for the 
mother. When this bill was originally considered in the House in June, 
I supported a motion to recommit that would have sent the bill back to 
Committee with directions to add that exception. Without that 
component, this bill is unconstitutional. In 2000, the Supreme Court 
found in Carhart v. Stenberg that Nebraska's partial-birth abortion ban 
was unconstitutional by a 5-4 decision. The grounds for that decision 
included the fact that there was no constitutionally required exception 
to protect women's health. I am disappointed that the authors of this 
bill made no effort to remedy this flaw.

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