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Essay on Partial Birth Abortions
Partial-birth abortion is the final frontier of abortion jurisprudence because it involves the killing of the child during birth at the latest possible stage of pregnancy. The United States Congress and many state legislatures have passed bills barring partial-birth abortion, a legal term of art for a procedure in which a living intact infant is partially, vaginally delivered, then killed before being completely removed from the birth canal. There are a number of different techniques for performing partial-birth abortions. One variation, described in detail by Ohio abortionist Dr. Martin Haskell, involves grasping a living fetus in the womb with an instrument; pulling it into a breech presentation; delivering all of the baby feet-first except for the head; puncturing the skull of the living fetus with a surgical instrument; inserting a suction tube into the skull hole, extracting the child's brains, collapsing the skull; and completing the delivery of the dead infant. The described procedure is commonly used at or after the twentieth week of pregnancy. Viability, meaning the degree of lung development necessary to permit sustained extra-uterine survival with modern neo-natal intensive care, begins at twenty-three or twenty-four weeks. (Donald Regan)
When the described procedure became widely known in 1994, there was immediate controversy. Legislative efforts to ban it began in June 1995. Congressional hearings were held, and a federal bill was passed and vetoed by President Clinton with much publicity. Twenty-two state bills patterned after the federal bill have been enacted into law and challenged in the courts. The first court decision on the merits is Evans v. Kelley in Michigan. In Kelley, Dr. Evans and other physicians (and clinics) who performed abortions brought an action against various state officials challenging the constitutionality of a Michigan statute which prohibited partial birth abortions and sought injunctive relief....................
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