[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[House]
[Page 11228]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       PARTIAL BIRTH ABORTION BAN

  (Mr. MILLER of Florida asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. MILLER of Florida. Mr. Speaker, yesterday a Clinton-appointed 
Federal judge in California granted a permanent extension or injunction 
against the partial birth abortion ban that was passed by the Congress 
and signed by President Bush. This is not surprising, since Judge 
Phyllis Hamilton made it crystal clear that she was ideologically 
opposed to the ban on partial birth abortion. What is outrageous and 
defies sound reason is that she found the ban unconstitutional.
  In acting to prevent this hideous practice, the elected branches of 
our government affirmed a basic standard of humanity, the duty of the 
strong to protect the weak. Partial birth abortion is cruel and 
inhumane. This is the widespread agreement amongst men and women on 
this issue, regardless of their political affiliations.
  Life cannot be granted or denied by government, elected officials or 
judges abusive of their interpretive function. Judge Hamilton's ruling 
is yet another example of activist courts gone wild and is the next 
decision in the domino effect of legislating from the Federal bench.
  I join with our President and will vigorously defend this law against 
judges who would construe it in contravention to our Constitution and 
the American public.

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