On the recordJuly 24, 2002
Mr. Speaker, this bill is nothing more than a cruel ploy to prevent women from obtaining the safest and best medical care from their doctors. What is more, it is unconstitutional. This bill is no different from the Nebraska law struck down by the Supreme Court 2 years ago in Stenberg v. Carhart. It has the same flaws and the same dangers. Like the Nebraska law, this bill's broad language bans the safest and most common form of abortion used in second trimester, posing an undue burden on a woman's right to choose. It has no exception for preserving a woman's health. It ties the hands of medical practitioners, condemning women to less safe procedures that may put their lives at risk. Sandra Day O'Connor's opinion was very clear that government 'may promote, but not endanger, a woman's health when it regulates the methods of abortion.' The decision went on to say, 'Where a significant body of medical opinion believes a procedure may bring with it greater safety for some patients and explains the medical reasons supporting that view, neither Congress nor the States may ban the procedure.' The Supreme Court has said neither Congress nor the States may ban the procedure, so if we already know that this bill is unconstitutional, then why are we here?
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