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Wednesday, June 19, 2002

Chabot urges late-abortion ban


Bill would prohibit 'partial birth' procedure

By Derrick DePledge, ddepledge@enquirer.com
Enquirer Washington Bureau

        WASHINGTON — House conservatives, counting on support from President Bush, will press for a federal ban on a controversial late-term abortion procedure that President Clinton twice rejected.

        Rep. Steve Chabot, R-Ohio, will introduce a bill today that would prohibit so-called partial-birth abortion and punish doctors who perform it with a fine and up to two years in prison.

        The bill describes the rare procedure, where doctors induce labor and collapse the skull of a fetus, as “brutal and inhumane.”

        The Supreme Court, in a 5-4 decision, ruled in 2000 that a Nebraska ban was unconstitutional because it did not contain an exception for cases in which a doctor felt it was necessary to protect the health of the mother.

        The court's ruling essentially invalidates similar bans in 31 states, including Ohio, Kentucky and Indiana.

        Partial-birth abortion bans in Ohio and Kentucky have also been struck down by the courts.

        The Department of Justice filed a brief in January with the 6th U.S. Circuit Court of Appeals arguing that the Ohio ban should be upheld on appeal.

        “Partial-birth abortion is one of the most gruesome, inhumane and barbaric procedures you can imagine,” said Mr. Chabot, the chairman of the House Judiciary Committee's Subcommittee on the Constitution.

        “We are supposed to be a civilized nation, and it's not something that should be allowed.”

        Mr. Chabot's bill does not include the health exception cited by the Supreme Court.

        Instead, it argues that the court relied on faulty evidence accepted by lower courts that the procedure is medically safe.

        The bill argues that evidence presented at other trials and in congressional testimony concludes that partial-birth abortion is never necessary to preserve the health of a woman.

        Mr. Chabot and other conservatives believe the court would accept the findings of Congress if asked to review a federal partial-birth abortion ban.

        Such a ban, according to the bill, would also “draw a bright line that clearly distinguishes abortion and infanticide, that preserves the integrity of the medical profession, and promotes respect for human life.”

        Alphonse Gerhardstein, a Cincinnati attorney who handles reproductive rights' cases, said it is outrageous for lawmakers to threaten doctors with criminal prosecution for performing abortions.

        He represented Dr. Martin Haskell, who performs partial-birth abortions at clinics in Cincinnati, Dayton and Akron, and twice successfully challenged Ohio bans.

        “It's all political,” he said. “This is about frightening people away from serving women.”

        The House and Senate members have approved similar bans three times.

        President Clinton vetoed two of the bills and lawmakers were a few votes shy of overriding the vetoes.

        A third one never made it out of conference committee.

        President Bush has said he would sign a partial-birth abortion ban into law.

        The House is likely to approve the ban but the terrain in the Senate is much less certain. Democrats who control the Senate may be reluctant to consider the legislation before crucial mid-term elections in November.

        Douglas Johnson, legislative director for the National Right-to-Life Committee, an anti-abortion group, said activists will concentrate on getting the bill through the House and will deal with the politics of the Senate later.

        “We're hopeful that we will be able to get it to the president,” he said.

       



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