PBABAPartial-Birth Abortion Ban Act of 1995 (US)
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Turning back to whether federal regulation of abortion exceeds Congress' authority, the PBABA's validity under the Commerce Clause remains a mystery because the Court never reached this question in Gonzales.
Of course, one can only speculate as to whether the PBABA would have survived under the more robust Due Process Clause in existence prior to the bifurcation of rights; nonetheless, the Court's distaste for economic rights foreclosed several arguments for the Carhart plaintiffs.
(77) In the place of a health exception, Congress had included in the PBABA a series of dubious factual findings, declaring that a health exception was unnecessary and that the courts were required to defer to its factual findings.
argued that the PBABA was indistinguishable from a state law that the
The PBABA effort was capped with the Court's verdict in Gonzales v.
(72) NAF Illinois involved a subpoena for medical records for certain patients of a physician-plaintiff in the original case in New York, challenging PBABA's constitutionality.
Under the PBABA, a practitioner employing one of the banned methods
With the notable exception of the PBABA, Congress and Presidents have challenged the Court primarily in two contexts: through the appointment of federal judges, and through the expression of views either to the Court or to the public.
I use the phrase "partial-birth abortion" throughout the text simply because it is language adopted by PBABA.
Though the statute does not specifically define the clinical circumstances under which the above-described safe harbor can be invoked, the PBABA does provide a framework for assessing whether liability should lie.
After Congress debated and passed the PBABA and Bill Clinton vetoed it, the poll numbers in July 1996 were: 22% (always legal), 58% (legal in some situations), and 15% (always illegal)--similar to the current numbers (Jan.
(10) The federal PBABA imposes criminal and civil penalties--including up to two years' imprisonment on any physician performing a particular abortion procedure.