Today the Supreme Court upheld as constitutional the federal Partial-Birth Abortion Act of 2003 and its stated purpose to protect "innocent human life from a brutal and inhumane procedure." Congressman Bartlett said, "This is an important landmark in the fight to protect the life of unborn children. Eliminating the cruel and unusual punishment of partial-birth abortion is a step in the right direction for the United States as a civilized society."


In 2003, Congressman Bartlett spoke in support of approval of the bill that was challenged by abortion supporters. He said, "Ending partial-birth abortion will reaffirm the principle in our Declaration of Independence that human beings . . . are endowed by their creator with a right to life." He also said, "We would never tolerate such a brutal form of execution for the most heinous criminal. It is right to end this method of killing innocent, unborn children in their mother's womb." Regarding today's decision, Congressman Bartlett added, "It is heartening that the Highest Court in our country has recognized that the 'government has a legitimate, substantial interest in preserving and promoting fetal life.'"

In this important, resounding judicial opinion, Justice Kennedy wrote, "[T]he government may use its voice and its regulatory authority to show its profound respect for the life within the woman." Justice Kennedy reasoned, "The Act's ban on abortions involving partial delivery of a living fetus furthers the Government's objectives. Congress determined that such abortions are similar to the killing of a newborn infant. This Court has confirmed the validity of drawing boundaries to prevent practices that extinguish life and are close to actions that are condemned."

The Act prohibits "knowingly perform[ing] a partial-birth abortion ... that is [not] necessary to save the life of a mother." It essentially defines, "partial-birth abortion," as a procedure in which the doctor intentionally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the mother's body and performs the "overt act," other than completion of delivery, that kills the unborn baby.

http://www.bartlett.house.gov