Dianne Feinstein: “According to the American College of OB/GYNs, any definition of D&X must include all four of the elements I mentioned…”

“According to the American College of OB/GYNs, any definition of D&X must include all four of the elements I mentioned performed in the proper sequence. The proponents have refused to use this definition, although the definition has been available for years. Rather, the language in S. 3 is so vague that far from outlawing just one particular abortion procedure, the way this bill is written, it virtually outlaws any abortion procedure. This, I believe, is the true intent of this bill--a major strike, and perhaps a fatal strike, against a woman's right to choose. Everyone agrees that S. 3 lacks a health exception. It purposefully lacks a health exception. In the Stenberg case, the Supreme Court ruled 'significant medical authority supports the proposition that in some circumstances this procedure would be the safest.' In her opinion, Justice O'Connor stated: Because even a post-viability proscription of abortion would be invalid absent a health exception, Nebraska's ban on pre-viability partial-birth abortions under the circumstances presented here must include a health exception, as well. The statute at issue here only accepts those procedures necessary to save the life of the mother whose life is in endangered by a physical disorder, physical illness, or physical injury. This lack of a health exception necessarily renders the statute unconstitutional. Let me repeat her words. This lack of a health exception necessarily renders the statute unconstitutional.”