Partial-Birth Abortion Ban Act

Partial-Birth Abortion Ban Act of 2003
Great Seal of the United States
Long titleAn Act to prohibit the procedure commonly known as partial-birth abortion.
NicknamesPBA Ban
Enacted bythe 108th United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 108–105 (text) (PDF)
Statutes at Large117 Stat. 1201
Codification
Titles amended18
U.S.C. sections created18 U.S.C. § 1531
Legislative history
  • Introduced in the Senate as S. 3 by Rick Santorum (RPA) on February 14, 2003
  • Passed the Senate on March 13, 2003 (64–33)
  • Passed the House on June 4, 2003 (282–139 as H.R. 760, inserted in lieu by unanimous consent)
  • Reported by the joint conference committee on September 30, 2003; agreed to by the House on October 2, 2003 (281–142) and by the Senate on October 21, 2003 (64–34)
  • Signed into law by President George W. Bush on November 5, 2003
United States Supreme Court cases
Gonzales v. Carhart (2007)

The Partial-Birth Abortion Ban Act of 2003 (Pub. L.Tooltip Public Law (United States) 108–105 (text) (PDF), 117 Stat. 1201, enacted November 5, 2003, 18 U.S.C. § 1531,[1] PBA Ban) is a United States law prohibiting a form of late termination of pregnancy called "partial-birth abortion", referred to in medical literature as intact dilation and extraction.[2] Under this law, any physician "who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both". The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court in the case of Gonzales v. Carhart.

  1. ^ Partial-Birth Abortion Ban Act of 2003, Enrolled as Agreed to or Passed by Both House and Senate Archived 2008-11-29 at the Wayback Machine (HTML); * same, from the U.S. Government Printing Office (PDF)
  2. ^ Gonzales v. Carhart, 550 U.S. 124 (2007). Findlaw.com. Retrieved 2007-04-19. ("The medical community has not reached unanimity on the appropriate name for this D&E variation. It has been referred to as 'intact D&E', 'dilation and extraction' (D&X), and 'intact D&X' ... For discussion purposes this D&E variation will be referred to as intact D&E. ... A straightforward reading of the Act's text demonstrates its purpose and the scope of its provisions: It regulates and proscribes, with exceptions or qualifications to be discussed, performing the intact D&E procedure.")

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