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“…Congress found…that this method of killing a living fetus- performed on fetuses that are at or near viability-…perverts the birth process, blurs the line between abortion and infanticide, and confuses the medical, legal, and ethical duties of physicians to preserve life.

"Congress also found that partial-birth abortion imposes severe pain on the fetus.”

“Congress specifically found that partial-birth abortion poses serious risks of its own to the health of a woman undergoing the procedure.

"Those risks include…cervical incompetence, potentially hindering a woman’s ability to carry a subsequent pregnancy to term, and a risk of lacerations and severe hemorrhaging from a doctor forcing a sharp instrument into the base of the skull of the fetus while it is lodged in the birth canal.

"Additional risks include that of uterine rupture, abruption, amniotic fluid embolus, and trauma to the uterus as a result of any conversion of the fetus to a footling breech position...”

[Excerpts from previous Department of Justice filings from spokesman Monica Goodling, who published a detailed explanation of the legal issues involved in the Partial-Birth Abortion Ban case]

 
Roe v. Wade Was Almost Overturned in 1992 PDF Print E-mail

1  ROE V. WADE  WAS ALMOST OVERTURNED in 1992 The Supreme Court was ready to overturn Roe v. Wade, but Justice Kennedy got cold feet, and the vote went the other way. Kennedy delivered in person to Blackmun the news: a trio of Republican-appointed justices had secretly formed a team to preserve the right to abortion. [NYT: 4Mar04 THE BLACKMUN PAPERS] Internal notes in the papers of late Justice Blackmun provide a glimpse of the secretive dealings that led to the court's ruling in Planned Parenthood v. Casey [1992]. The files contain memos from Blackmun's law clerks suggesting changes or strategies that might persuade more justices to join his views. Blackmun had written the Roe ruling in 1973, and had guarded it from previous attack by conservative justices. Blackmun's notes show that Chief Justice Rehnquist led a 5-justice majority to overrule Roe. Four other justices voting with Rehnquist were to be White, Scalia, Thomas & Kennedy. Rehnquist himself was to write the majority opinion. [Anne Gearan, AP http://www.newsday.com, 4Mar04] Blackmun’s daughter became pregnant 7 years before Roe. She quit college and married her 20-year-old boyfriend. She lost her child to a miscarriage following the wedding; her marriage collapsed in 1972. Her father asked for her input for Roe. Today, Sally Blackmun is an attorney on the board of Planned Parenthood of Greater Orlando and, in May, will become chair of that organization. She led a recent $3 million effort to construct a new PP facility in Central Florida. [ple-news, 365, 5Mar04]

 
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