Text of the Comprehensive Abortion Ban Act of 1997
Mr. DASCHLE (for himself, Ms.Snowe
, and Mr.Kennedy
) proposed an amendment to the bill, H.R. 1122, supra; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Comprehensive Abortion Ban Act of 1997'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As the Supreme Court recognized inRoe v. Wade
, the government has an 'important and legitimate interest in preserving and protecting the health of the pregnant woman...and has still another important and legitimate interest in protecting the potentiality of human life. These interests are separate and distinct. Each grow in substantiality as the woman approaches term and, at a point during pregnancy, each becomes compelling'.
(2) In delineating at what point the Government's interest in fetal life becomes 'compelling',Roe v. Wade
held that 'a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability', a conclusion reaffirmed inPlanned Parenthood of Southeastern Pennsylvania v. Casey
(3)Planned Parenthood of Southeastern Pennsylvania v. Casey
also reiterated the holding in Roe v. Wade that the government's interest in potential life becomes compelling with fetal viability, stating that 'subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother'.
(4) According to the Supreme Court, viability `is the time at which there is a realistic possibility of maintaining and nourishing a life outside the womb, so that the independent existence of the second life can in reason and all fairness be the object of State protection that now overrides the rights of the woman'.