On November 8, 2006 the U.S. Supreme Court will hear arguments in two challenges to the Federal Abortion Ban, also known as the "Partial-Birth Abortion Ban Act of 2003" — the Center for Reproductive Rights’ case Gonzales v. Carhart and Planned Parenthood’s case Gonzales v. Planned Parenthood.
If Upheld, the Ban Will Harm Women and Undermine Doctors
If allowed to stand, the Federal Abortion Ban will prohibit a wide range of abortions performed in the second trimester including abortions that experienced doctors say are safe and among the best for women's health in the second trimester. The law also fails to protect women because it does not contain an exception when their health is at stake. Furthermore, the federal ban makes no exception for cases involving severe fetal anomalies. Major medical associations are opposed to this ban, including the American College of Obstetricians and Gynecologists (ACOG), which represents more than 90 percent of all ob-gyn specialists in the U.S. ACOG says "the intervention of legislative bodies into medical decision making is inappropriate, ill advised, and dangerous."
The law would prevent procedures that reduce the risks of the most serious complications of second trimester abortions and that offer particular safety advantages for women with certain serious underlying medical conditions. These conditions include liver disease, infection of the amniotic membrances, bleeding or clotting disorders, cancer of the placenta, hypertension, vascular disease, and malformed placenta (placenta previa or accreta).
Nearly 90 Percent of All Abortions Occur in the First 12 Weeks
The overwhelming majority of abortions are performed in the first trimester of pregnancy. The Centers for Disease Control estimates that 58 percent of legal abortions occur within the first eight weeks, and 88 percent are performed within the first 12 weeks (based on the most recent data from 2000). Just over 10 percent are performed between 13 and 20 weeks. Less than one-half-of-one percent occur after 24 weeks.
The law's supporters use misleading language to mask the fact that it bans safe and medically-appropriate abortions as early as 12 to 15 weeks and is part of a larger agenda to outlaw all abortions. The Act defines the term "partial-birth abortion" so broadly that it would prohibit a wide range of abortions performed in the second trimester. In fact, there is no such medical term as "partial birth abortion." Nor is this law about third-trimester abortions. Forty states and the District of Columbia already ban third-trimester abortions except when the life or health of the woman is at stake. Instead, the broad language of the law would ban some abortions as early as 12 to 15 weeks, and it would fail to protect women when their health is at risk.
Major Medical Organizations Oppose the Federal Abortion Ban
The major medical organizations listed below have opposed federal bans on safe, medically-appropriate abortion and recognize that these bans outlaw abortions that are safe and among the best for women's health in the second trimester. These organizations have implored Congress and other politicians not to intrude into decisions that belong with women, in consultation with their doctors.
American College of Nurse Practitioners
American College of Obstetricians and Gynecologists
American Medical Student Association
American Medical Women's Association
American Nurses Association
American Public Health Association
Association of Reproductive Health Professionals
Association of Schools of Public Health
Association of Women Psychiatrists
California Medical Association
National Asian Women's Health Organization
National Association of Nurse Practitioners in Reproductive Health
National Black Women's Health Project
National Latina Institute for Reproductive Health
National Women's Health Network
Physicians for Reproductive Choice and Health
Rhode Island Medical Society