- Today, in a vote that undermines Supreme Court precedent, the U.S. House of Representatives voted 274-151 to put women’s health at risk by passing a deceptive and extreme abortion ban. In a case brought by the Center for Reproductive Rights two years ago, the Supreme Court struck down a Nebraska abortion ban similar to this bill (HR4965).
"It shameful that the U.S. House of Representatives, using misleading tactics and rhetoric, has sacrificed the Constitution and women’s health for short-term political gain," said Pricilla Smith, acting director of the Center for Reproductive Rights’ domestic program.
The House bill suffers from the same two flaws that were fatal to the Nebraska ban and 30 other state bans on so called "partial-birth abortion." First, it would prohibit the safest and most common methods of abortion, and second, it fails to contain a health exception. The bill’s sponsors claim that the procedure is never necessary to protect women’s health; this is precisely the argument rejected by the Supreme Court.
On July 9, Simon Heller, the Center for Reproductive Rights attorney who successfully argued Stenberg v. Carhart (2000), provided expert testimony to House members on the Court’s opinion and the deceptive, extreme and unconstitutional nature of "partial-birth abortion" bans. Representative Steve Chabot (R-OH) and other supporters of the current bill attempt to justify their refusal to include a health exception by arguing that Congress in not bound to adhere to the Supreme Court ruling in Carhart. Their opinion rejects not only the constitutional mandate of separation of powers, but ignores what has been practice since 1803: the Supreme Court is the ultimate authority on what is and is not constitutional.
Republican members of Congress have been open about using this bill as a campaign tactic. In its June 12 issue, The Hill reported that, "A House GOP member suggested that the legislation is a smart move politically and would be ‘a good wedge issue’ for the party."
Venerable organizations such as the American College of Obstetricians and Gynecologists (ACOG) and the American Public Health Association (APHA) have stated that these bans endanger women’s health by denying them access to the procedure that their doctors determine is the safest.
No legislation has been introduced in the Senate during this session.
See On the Hill for more information.
