Tim Scott: “Mr. Speaker, I cannot support this bill because it is unconstitutional. In a full committee debate on a similar bill…”

“Mr. Speaker, I cannot support this bill because it is unconstitutional. In a full committee debate on a similar bill, the proponents have acknowledged that it is in fact unconstitutional under the present Supreme Court decisions. Though abortion has always been a controversial issue, the fact is that since 1973, in the Supreme Court Roe versus Wade, abortion has been legal in this country. It is still the law of the land that a woman's right to an abortion before fetal viability is a fundamental right, but the Government may prohibit postviability abortions absent a substantial threat to the life or health of the mother. We may agree or disagree on the Supreme Court decisions, but that is in fact the law of the land. The Supreme Court has prohibited regulations that place an undue burden on women seeking abortions, and included in this undue burden concept is a prohibition against regulations that jeopardize a woman's health by chilling the physician's exercise of discretion in determining which abortion method may be used. Mr. Speaker, this bill will prohibit the use of one procedure that may be the safest for women in certain circumstances.”