Why is partial birth abortion performed

Voinovich , the U. In both procedures, the fetal head must be compressed, because it is usually too large to pass through a woman's dilated cervix.

Plaintiffs challenging partial-birth abortion statutes have generally sought the invalidation of such statutes on the basis of two arguments: first, that the statutes are unconstitutionally vague, and second, that the statutes are unconstitutional because they impose an undue burden on a woman's ability to obtain an abortion.

The Supreme Court has held that an enactment is void for vagueness if its prohibitions are not clearly defined. The undue burden standard was adopted by the Court in Casey. In that case, the Court held that a state could enact abortion regulations at the pre-viability stage so long as an "undue burden" is not placed on a woman's ability to have an abortion. Any regulation which "has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion" creates an undue burden and is invalid.

The Sixth Circuit was the first to consider whether a ban on partial-birth abortions imposes an undue burden on a woman's ability to have an abortion. Carhart , a Nebraska physician who performed abortions at a specialized abortion facility sought a declaration that Nebraska's partial-birth abortion ban statute violated the U. No partial birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

The term "partial birth abortion" was defined by the statute as "an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery.

In addition, a doctor who violated the statute was subject to the automatic revocation of his license to practice medicine in Nebraska. Among his arguments, Dr. Because the Nebraska legislature failed to provide a definition for "substantial portion," the U. Because the arm or leg is the most common part to be retrieved, the physician would violate the statute. According to the state, the statute applied only to the deliberate and intentional performance of a partial birth abortion; that is, the partial delivery of a living fetus vaginally, the killing of the fetus, and the completion of the delivery.

The Supreme Court affirmed the Eighth Circuit's decision by a margin. The Court based its decision on two determinations. First, the Court concluded that the Nebraska statute lacked any exception for the preservation of the health of the mother. Despite the Court's previous instructions in Roe and Casey , that abortion regulation must include an exception where it is "necessary, in appropriate medical judgment, for the preservation of the life or health of the mother," the state argued that Nebraska's partial-birth abortion statute did not require a health exception because safe alternatives remained available to women, and a ban on partial-birth abortions would create no risk to the health of women.

Because the Stenberg Court was divided by only one member, Justice O'Connor's concurrence raised concern among those who support a woman's right to choose.

The bill was approved by the Senate on October 21, , by a vote of Canady on February 15, On May 25, , the House passed S. House conferrees were subsequently appointed, but no further action was taken.

Both S. Partial-birth abortion was defined as an abortion in which a person "deliberately and intentionally When President Clinton vetoed a similar partial-birth abortion bill, H. The bill was passed by the House on July 24, , by a vote of The measure was not considered by the Senate. The bill defined the term "partial-birth abortion" to mean an abortion in which "the person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus.

Although H. They contended that congressional hearings and fact finding revealed that a partial-birth abortion is never necessary to preserve the health of a woman, and that such an abortion poses serious risks to a woman's health. The House approved H. The Senate agreed to the conference report on October 21, , by a vote of The act prohibits physicians from performing a partial-birth abortion except when it is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

Physicians who violate the act are subject to a fine, imprisonment for not more than two years, or both. Although the Supreme Court previously held that restrictions on abortion must allow for the performance of an abortion when it is necessary to protect the health of the mother, the act does not include such an exception. In his introductory statement for the act, then Senator Rick Santorum discussed the act's lack of a health exception.

Senator Santorum insisted that congressional hearings and expert testimony demonstrate "that a partial birth abortion is never necessary to preserve the health of the mother, poses significant health risks to the woman, and is outside the standard of medical care.

Within two days of the act's signing, federal courts in Nebraska, California, and New York blocked its enforcement. The Court noted: "[I]f an abortion procedure does not involve the delivery of a living fetus to one of these 'anatomical landmarks'—where, depending on the presentation, either the fetal head or the fetal trunk past the navel is outside the body of the mother—the prohibitions of the act do not apply.

PIP: Despite the efforts of pro-choice activists in the US to point out the critical differences between so-called "partial-birth abortions" and late-term abortions, the public remains confused about the issue. Proposed federal legislation banning "partial-birth abortions" excludes any language defining late-term abortions time period or fetal viability. Thus, such a ban would apply to any abortion at any stage of pregnancy.

However, 'late-term abortion' is not a recognized medical term. According to the American College of Obstetrics and Gynecology , "the term 'late-term abortion' has no medical definition and is not used in a clinical setting or to describe the delivery of abortion care later in pregnancy. Adds Gillian Dean, M. To be clear: There is no such thing as an abortion up until birth, and 'late-term abortion' is not a term used by reputable health care providers. Still, we often hear these terms in the news—and you may have even mistakenly used them yourself.

We chatted with experts to clear up the confusion. Keeping abortion terminology by gestation period is the proper way to define it. Since , when abortion was legalized nationally, around 11 percent of abortions have occurred at or after 13 weeks gestation. According to the Guttmacher Institute, here is when women have abortions percentage-wise:. While most abortions occur before 8 weeks, second or third trimester abortions are also options women may have.

These are the most common reasons an abortion may occur during the second or third trimester:. These include: anencephaly, the absence of the brain and cranium above the base of the skull, or limb-body wall complex, when the organs develop outside of the body cavity, according to the ACOG. Other medical complications include: premature rupture of membranes and infection, placental abruption, and placenta accreta, which may risk extensive blood loss, stroke, and septic shock that could lead to maternal death, according to the ACOG.

Second and third trimester abortions may also be more common in places with more strict abortion laws. Adds Souder, "These restrictions have forced many clinics to close, in turn creating waiting lists, sometimes two to three weeks out. Unnecessary waiting periods, gestational bans, and lack of providers in rural areas force people in some states to travel hundreds of miles to get care.

Thirty-five states currently ban state Medicaid from covering abortion care, which affects the most marginalized people.