The partial birth abortion ban act was signed by President Bush in 2003 and later deemed unconstitutional based on Roe v. Wade but it was eventually upheld by the Supreme Court in a 5-4 decision. This was the first federal ban on any abortion procedure in 30 years since Roe v. Wade and the only ban of surgical technique in the United States in history. Roe v. Wade was a Supreme Court case which resulted in a landmark decision regarding abortion. According to the Roe v. Wade case, laws against abortion violated a constitutional right to privacy under the Due process Clause of the Fourteenth Amendment of the U.S. Constitution. The decision overturned any laws outlawing or restricting abortions. The reason why the Supreme Court was able to uphold the decision in 2003 was because Roe v. wade specifically refers to abortions in which the fetus is not yet viable, which means that it cannot live outside the womb. Because Intact dilation and evacuation is usually performed later in the pregnancy it is not protected under because viability is considered anywhere after the 24th week of gestation. The biggest problem with the Partial Birth Abortion Act is that it is very unclear as to what the politicians are referring to. Technically this is not the appropriate name of the procedure and although the Supreme Court states that “Partial Birth Abortion “ and “Intact dilation and extraction” are the same thing, there are cases where the two terms do not coincide. Partial Birth Abortions refer to a live fetus and ID&E could be used when the fetus is dead. Also, this ban doesn’t state any specifics and makes it possible for some doctors to be able to cut through the neck and remove the fetus in pieces which doesn’t fall into the Supreme Courts definition because the
The partial birth abortion ban act was signed by President Bush in 2003 and later deemed unconstitutional based on Roe v. Wade but it was eventually upheld by the Supreme Court in a 5-4 decision. This was the first federal ban on any abortion procedure in 30 years since Roe v. Wade and the only ban of surgical technique in the United States in history. Roe v. Wade was a Supreme Court case which resulted in a landmark decision regarding abortion. According to the Roe v. Wade case, laws against abortion violated a constitutional right to privacy under the Due process Clause of the Fourteenth Amendment of the U.S. Constitution. The decision overturned any laws outlawing or restricting abortions. The reason why the Supreme Court was able to uphold the decision in 2003 was because Roe v. wade specifically refers to abortions in which the fetus is not yet viable, which means that it cannot live outside the womb. Because Intact dilation and evacuation is usually performed later in the pregnancy it is not protected under because viability is considered anywhere after the 24th week of gestation. The biggest problem with the Partial Birth Abortion Act is that it is very unclear as to what the politicians are referring to. Technically this is not the appropriate name of the procedure and although the Supreme Court states that “Partial Birth Abortion “ and “Intact dilation and extraction” are the same thing, there are cases where the two terms do not coincide. Partial Birth Abortions refer to a live fetus and ID&E could be used when the fetus is dead. Also, this ban doesn’t state any specifics and makes it possible for some doctors to be able to cut through the neck and remove the fetus in pieces which doesn’t fall into the Supreme Courts definition because the