Partial-Birth Abortion Ban Act

The Partial-Birth Abortion Ban Act (Public Law 108-105, HR 760, S 3, 18 U.S. Code 1531) or " PBA Ban " is an American law that a particular form of abortion (partial birth abortion ) in advanced pregnancy ( second and third trimester) a criminal offense, unless otherwise the life or health of the woman would be threatened.

In the partial birth abortion ( partial-birth abortion), the fetus is pulled with pliers from the dilated cervical canal until the neck is visible. By means of a surgical instrument is then knocked a hole in the back of the head to suck out the brain through a catheter. If the fetus in this way during the birth process - in which he can already kick with arms and legs, if it has not previously been anesthetized, killed, abortion continues with the rest of the body of the fetus is pulled from the birth canal.

The law was passed by the House of Representatives of the United States with 281:142 votes and the Senate with votes 64:34 and came into force on 5 November 2003 by President George W. Bush. Barack Obama voted against this law. However, abortion advocates called to the courts, arguing that the law against the American unconstitutional because it violates v. against the 1973 verdict Roe Wade, in which the U.S. Supreme Court abortion enshrined as a right of every woman.

On 18 April 2007 the U.S. Supreme Court ruled in Gonzales v. Carhart case, however, a 5-4 vote, that the law did not violate the Constitution and could be put into effect. The majority opinion of the court wrote Justice Anthony Kennedy, he was supported by Chief Justice John Roberts, Justice Antonin Scalia, Justice Clarence Thomas and Justice Samuel Alito. Ruth Bader Ginsburg wrote the opposite opinion, it was supported by Justice Souter, David, Justice John Paul Stevens and Stephen Breyer Justice.

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