Terry Everett, October 20, 2003

History may soon be made as Congress is poised to finally pass a partial birth abortion ban that will be signed into law by the President. On October 2, the U.S. House of Representatives passed the Partial Birth Abortion Act of 2003 Conference Report (S. 3) by a 281 to 142 margin. This was the final House vote and all that now remain are Senate approval and President Bush's signature.

If news of the House's passage of a ban on partial birth abortions seems familiar, it should. Fact is, the House has done it before. But, this time the outcome will be different. In the 104th, 105th, and 106th Congresses (1995-2000), the U.S. House and Senate did reach an agreement on legislation banning partial birth abortions. However, each ban bill that was sent to the White House was summarily vetoed by President Bill Clinton. Despite overwhelming support of the ban by Congress and the American people, the Clinton Administration made sure this heinous procedure remained legal.

Today, the political landscape is different. Congress remains solidly behind a partial birth abortion ban and so is the White House. Earlier this summer the House and Senate passed their own versions of a partial birth abortion ban and went to conference on a final version in September. The result of the House-Senate conference is the Partial Birth Abortion Act of 2003 (S. 3) which cleared the House this month and now awaits final Senate approval. It is very likely the Senate will pass it before the end of the legislative session this year.

Why the need for the partial birth abortion ban? The procedure itself explains why. Be forewarned that the following description is graphic. A partial birth abortion involves a person deliberately and intentionally vaginally delivering a living fetus until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother, or in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the living fetus. In short, the baby is partially delivered so that it can be killed (aborted).

Defenders of partial birth abortions claim the grisly and inhumane procedure is only rarely used. However, it has been estimated that 3000 to 10,000 such abortions are performed each year in America. Furthermore, a select panel convened by the American College of Obstetricians and Gynecologists concludes there is no legitimate or compelling need that would require the use of this procedure.

The Partial Birth Abortion Act of 2003 would make performing this type of abortion a federal crime unless it is absolutely necessary in order to save the life of the mother. Those who choose to perform partial birth abortions for any other reason will face fines, a maximum of two years imprisonment, or both.

With the support of the American people, Congress is demanding that our nation put an end to what can only be described as infanticide so that the parent can avoid the inconvenience of a bringing a child into the world. Partial birth abortions must stop, and I am confident our legislation banning them will be signed into law by year's end.

Congressman Terry Everett represents the 2nd Congressional District of Alabama in the U.S. House of Representatives.