S4694 — SENATE May 20, 1997 of Defense on-site search teams. And The wall is indeed a beautiful and The PRESIDING OFFICER. The seven other American servicemen who somber monument which will ever re- clerk will call the roll. have since died from the complications mind us of those painful sacrifices The assistant legislative clerk pro- of injuries suffered during the Vietnam made by these brave men and women. ceeded to call the roll. war. It is my hope, Mr. President—no, Mr. HAGEL. Mr. President, I have Mr. SANTORUM. Mr. President, I it is my prayer—that this will be the two final comments to make regarding ask unanimous consent that the order last time such additions are made to this resolution commemorating the for the quorum call be rescinded. this memorial. 15th anniversary of the Vietnam Vet- The PRESIDING OFFICER. Without How do you thank each of these erans Memorial. objection, it is so ordered. brave Americans? How do you let them First, the recognition of the vision, f know that as a nation, we are indebted the heart, the soul, and the leadership to them for their bravery, their valor, behind it, a remarkable man, Jan PARTIAL-BIRTH ABORTION BAN and their courage in fighting a war Scruggs. It was Jan Scruggs who many, ACT OF 1997 that was never officially recognized by many years ago came home one night The PRESIDING OFFICER. The the country which asked them to put after a movie, sat down with his wife, clerk will report H.R. 1122. their lives on the line? How do you tell and said, ‘‘We are going to do some- The assistant legislative clerk read them that they are truly American he- thing to recognize those who served in as follows: roes? the Vietnam.’’ It was a great dream, an A bill (H.R. 1122) to amend title 18, United You do this by keeping their memo- impossible dream. States Code, to ban partial-birth abortions. ries alive and by never forgetting One of the collaborators with Jan The Senate resumed consideration of them. Scruggs was one of our colleagues, Sen- the bill. The Vietnam Veterans Memorial ator . Without Senator AMENDMENT NO. 290 Wall helps to keep those memorials JOHN WARNER’s leadership, and without (Purpose: To provide a procedure for deter- alive, and it helps the human emo- his force, and without Jan Scruggs’ vi- mining whether a physician’s conduct was tional process which includes mourn- sion and leadership and love, this Wall necessary to save the life of the mother) ing, healing, and remembrance. This would never have been built. It is very Mr. SANTORUM. Mr. President, I visual reminder keeps their memory appropriate to recognize Jan Scruggs send an amendment to the desk. alive in our hearts where they will and Senator JOHN WARNER because The PRESIDING OFFICER. The never be forgotten. And I would like to those two great Americans led this ef- clerk will report. add that I know this from first-hand fort and have given us a magnificent The assistant legislative clerk read experience. monument and memorial. as follows: Mr. President, last year I took part Mr. President, I ask unanimous con- in a trade mission to Vietnam with sent that the resolution, Senate Reso- The Senator from (Mr. SANTORUM) proposes an amendment num- several of my colleagues here in the lution 87, be agreed to, the preamble be bered 290. Senate. Before leaving, one of the most agreed to, and the motion to reconsider Mr. SANTORUM. Mr. President, I important things I did to prepare my- be laid upon the table. self for travel to Vietnam, was to walk The PRESIDING OFFICER. Without ask unanimous consent that reading of alone along the Vietnam Veterans’ Me- objection, it is so ordered. the amendment be dispensed with. morial, to clear my mind of all The resolution (S. Res. 87) was agreed The PRESIDING OFFICER. Without thoughts, except for those involving to. objection, it is so ordered. The amendment is as follows: the overwhelming number of American The preamble was agreed to. names etched upon the wall. In that The resolution, with its preamble, is On page 2, line 16, strike the semicolon and moment, I knew that one of the most as follows: all that follows through ‘‘purpose’’ on line 17. On page 3, between lines 8 and 9, insert the S. RES. 87 important reasons for my visit to Viet- following: nam was to be a voice for those brave Whereas 1997 marks the 15th anniversary of ‘‘(3) As used in this section, the term men and women whom I will never be the construction and dedication of the Viet- ‘vaginally delivers a living fetus before kill- able to thank. nam Veterans Memorial in Washington, D.C.; ing the fetus’ means deliberately and inten- On November 11, 1996, Veteran’s Day, Whereas this memorial contains the names tionally delivers into the vagina a living of more than 58,000 men and women who lost fetus, or a substantial portion thereof, for I was in Hanoi urging top Vietnamese their lives from 1957 to 1975 in the Vietnam officials to keep the resolution of the the purpose of performing a procedure the combat area or are still missing in action; physician knows will kill the fetus, and kills POW/MIA issue a top priority, and to Whereas every year millions of Americans the fetus.’’ come to this monument to pay their respects cooperate in every way with the United On page 3, between lines 21 and 22, insert for those who served in the Armed Forces; States. As I met with Vietnam Party the following: Whereas the Vietnam Veterans Memorial General Secretary Do Muoi, I told him ‘‘(d)(1) A defendant accused of an offense has been a source of comfort and healing for about my walk along the wall, and pre- under this section may seek a hearing before Vietnam veterans and the families of the the State Medical Board on whether the phy- sented him with a copy of ‘‘The Wall,’’ men and women who died while serving their sician’s conduct was necessary to save the a pictorial of veterans and their fami- country; and lies who come to pay tribute at the Whereas this memorial has come to rep- life of the mother whose life was endangered Vietnam Veteran’s Memorial. Inside resent the legacy of healing that has oc- by a physical disorder, illness or injury. ‘‘(2) The findings on that issue are admis- the cover of that book, I inscribed: ‘‘We curred and demonstrates the application all Americans have for those who made the ulti- sible on that issue at the trial of the defend- have shared a tragic past together. ant. Upon a motion of the defendant, the Now let us work to share a bright fu- mate sacrifice: Now, therefore, be it Resolved, That the Senate— court shall delay the beginning of the trial ture together.’’ Our discussion then (1) expresses its support and gratitude for for not more than 30 days to permit such a centered on building our relationships all of the men and women who honorably hearing to take place.’’ as nations on the basis of mutual com- served in the United States Armed Forces in On page 3, line 22, strike ‘‘(d)’’ and insert passion. General Secretary Do Muoi defense of freedom and democracy during the ‘‘(e)’’. was very animated in his response and Vietnam War; Mr. SANTORUM. Mr. President, this said, ‘‘We deserve compassion, it is (2) extends its sympathies to all Americans is an amendment that I took the floor consistent with our history so full of who suffered the loss of friends and family in yesterday to talk about. It is an Vietnam; blood and tears. Compassion is the key (3) encourages all Americans to remember amendment that I worked out, along to our relationship.’’ the sacrifices of our veterans; and with Senator FRIST and Representative Mr. President, compassion is truly (4) commemorates the 15th anniversary of CANADY in the House, and with the the key to honoring those who paid the the construction and dedication of the Viet- American Medical Association to ultimate sacrifice for our country. I nam Veterans Memorial. tighten up some of the language to ad- would hope that we, as a nation, never Mr. HAGEL. Mr. President, I yield dress some of the concerns that the lose that compassion for our veterans, the floor. Thank you, Mr. President, physician community had about the and never, ever allow their memories Mr. President, I suggest the absence definition of what is partial-birth abor- to be taken from our hearts. of a quorum. tion.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4695 I believe it is a good amendment, and provides a professional review of Now I believe the charade is over. We whether it would have gotten the AMA what took place in a case. have the preeminent medical author- endorsement or not. I think it is a good So I think we are making a step for- ity, organization in the country saying amendment because I think it is lan- ward. that this procedure should be outlawed; guage that is much tighter, and puts in I am not aware of any objections to there is no medical reason to keep this the requisite mens rea, or thought this amendment. Whether you are for, procedure legal. processes that the physician must have or against this amendment, it is a That is a very powerful statement been going through at the time of technical amendment in most respects. which debunks all of the arguments doing the procedure. I think that is im- It is one that hopefully will be sup- people might want to hide behind in portant for a criminal statute. ported by everyone. saying that, yes, they agree this proce- I think it would be a sad state if, in I yield the floor at this point to de- dure is brutal; yes, they agree this is fact, we passed this legislation and termine whether anyone wants to barbaric and should never be used, but overrode the President’s veto, or if the speak against the amendment. we want to leave open the possibility President would see otherwise and de- I understand now there is no one to that in the case of, and then they go on cide to sign the bill, that, in fact, this speak against the amendment. So I ask with the health concerns. bill would be thrown out for vagueness unanimous consent the amendment be What we know for a fact is that 90 of criminality, the criminal statute agreed to. percent of partial-birth abortions are itself would be considered too vague, The PRESIDING OFFICER. Pursuant not done for any health-related rea- sons. Let me clarify that. Ron Fitz- and it would be OK on the abortion to the unanimous-consent agreement, simmons, who heads up an abortion ground but not OK on the criminal the pending amendment is considered provider organization of some 200 abor- statute ground. But I think what we agreed to. The motion to reconsider is tion clinics, said that 90 percent of par- have done is tighten up the language laid on the table. tial-birth abortions occur in the fifth and have taken care of the concerns The amendment (No. 290) was agreed and sixth months of pregnancy on mentioned here, both on the House and to. healthy mothers with healthy babies. Senate floors, about the vagueness of The PRESIDING OFFICER. The question is on the engrossment of the They are for purposes. the statute. This is fifth- and sixth-month abor- I don’t think anyone will now look at amendment and third reading of the tions for birth control purposes where this as a vague statute. It is a very pre- bill. you take a baby out, deliver it all but cise statute. It is a complete criminal The amendment was ordered to be the head and then take a pair of scis- statute now. engrossed and the bill to be read a sors and stab the baby in the base of I am very happy that we were able to third time. the skull, suction its brains out and work it out, and in working with the The bill was read a third time. kill it for birth control purposes, not AMA I believe we have improved the Mr. SANTORUM addressed the Chair. The PRESIDING OFFICER. The Sen- for health reasons. bill and improved its chances when we Those are what we know as the facts, reach the stage of the courts which I ator from Pennsylvania. Mr. SANTORUM. Mr. President, I that information provided to us by peo- am very hopeful that we will do be- ple who oppose the bill. These are not now understand that we are com- cause that means that we will have facts people who oppose abortion are mencing the final 3 hours of debate, passed the bill and it would have been putting forward. These are people who that the time is going to be equally di- signed into law, and the President’s are adamantly pro-choice who run the vided between the Members who are for veto would have been overridden. clinics where some of these abortions the bill and Members who are against. Of the other two provisions in the take place, providing us with the infor- Is that correct? bill, one clarifies the life of the mother mation contrary to what you have The PRESIDING OFFICER. The Sen- exception and takes out some surplus heard, statements in the Chamber that ator is correct. language which we agreed to which these are done for the health of the Mr. SANTORUM. I thank the Chair. I didn’t add anything, and we agreed mother, that 90 percent of them are yield myself such time as I may con- that it was, in fact, surplus language. done for birth control purposes, late in sume. The third element of the amendment pregnancy. The other percentage is Let me first start out by indicating deals with the issue of a medical review done later in pregnancy, and they how important I believe the endorse- panel; if a medical review panel was argue, most of the reasons you hear, ment of the AMA is here as we ap- asked by the AMA for the reason of an because of a fetal abnormality. All of proach final passage of this legislation. intermediary step between the indict- the cases that you hear described with ment of the physician under the stat- We have heard over and over and over the pictures of the family are the baby ute and a trial. This would be an oppor- again that the principal reason this was going to die anyway or the baby tunity for State medical boards to put procedure needs to be made legal is to had a severe defect and that we should together a panel of physicians to look protect the health of the mother. We allow abortions in those situations, at what happened in the case, to do a have in the case of the AMA an organi- this kind of brutal abortion in those peer review determination of the proce- zation that is on record as being for situations because the baby is not per- dures that was done by the physician abortion rights. This is not the Chris- fect or may not live long. being charged, and to come up with tian Coalition. This is not the Catholic That takes us off into another area findings. Those findings would then be Conference of Bishops. This is an orga- that I think has very, very severe con- admissible in court. nization of physicians that is on record sequences for this country, when we I think that is an appropriate step. It as being for a woman’s right to choose, start to say that we should be able to gives the professionals in the field who if you will, that has come out and said kill children because they are not per- license, in fact, the physician, an op- this procedure is not good medicine, fect or that abortions should be legal portunity to make a review of what this procedure is not necessary to pro- up until the time of delivery; that we happened in the context of that as well tect the life or health of a mother. So should be able to do this brutal proce- as add medical expertise to be consid- for all of the arguments that we have dure because the little baby may not ered at trial. I think that is only help- heard that there is a split of opinion live long or may have medical com- ful. The fact of the matter is that we out there as to whether this is an ap- plications. are all aware that, if someone is propriate procedure, I have put forward I found it absolutely ironic that the charged under this statute, they are letter after letter after letter from ob- day the partial-birth abortion ban going to have their medical experts stetricians, from perinatologists, ex- came to the floor of the Senate, min- testify as to one set of circumstances perts in maternal fetal medicine who utes before we passed the Individuals and the prosecution will have their have said that this procedure is never With Disabilities Education Act. What medical experts. medically indicated, that in fact this is that? That is an act to guarantee So, with having some neutral party, procedure is more dangerous to the civil rights, the right for disabled chil- if you will, come up with a more objec- mother. I will discuss those things dren to be educated so they can maxi- tive standard of review I think helps today. mize their human potential. The very

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4696 CONGRESSIONAL RECORD — SENATE May 20, 1997 same day 30-some Senators who voted Portions of the baby’s sharp bony skull myopathy, breast cancer, and lymphoma are for that legislation and advocated giv- pieces can remain embedded in the mother’s all potential maternal medical disorders ing rights to the disabled, those same cervix, setting up a complicated infection as that may complicate pregnancy. In some sit- uations the pregnancy must be ended to save 30-some Senators who are against the the bony fragments decompose. Think of the emotional agony for the the life of the mother. partial-birth abortion ban said we are woman, both immediately and for years The proposed ban on this destructive pro- willing to give you rights if you sur- afterward, who endures this process over a cedure already includes an exemption for the vive the womb, but we are not going to period of several days. so far theoretical instance when it may be give you any rights as a disabled child None of this nauseating risk is ever nec- necessary to save a pregnant woman’s life. up until the time you are born. You are essary for any reason. Obstetrician-gyne- The opponents of the ban realize that they cologists like myself across the U.S. regu- cannot prevail on the merits of their argu- eligible to be killed just because of ments and are therefore resorting to blowing your disability. You are different than larly treat women whose unborn children suffer the same conditions as those cited by a virtual blizzard of medical terms during any other child. If you are a child that the proponents of the procedure. the debate. They hope to overwhelm the is normal, then they do not believe you Never— media and the public so that the funda- have a right to be killed. In fact, that mental points are missed. I will not try to I underline the word— is what these amendments are that we answer them point by point on each medical heard about. Well, if the baby is is the partial-birth abortion procedure nec- condition. The importance of protecting essary: nearly born fetal life is crucial. healthy and the mother is healthy, we Not for polyhydramnios (an excess of Especially in light of Lori Watts’ and need a health exception. If the baby is amniotic fluid collecting around the fine and the mom is fine, then we do Donna Joy Watts’ story. baby),... The fact of the matter is that it is not believe the baby should be killed. If Not for anencephaly (an abnormality char- never medically necessary, under any the baby is abnormal, we can kill it. acterized by the absence of the top portion of of these conditions, according to Dr. These are the same people who be- the baby’s brain and skull), Calvin and dozens of others who are lieve in special civil rights for the dis- Not for hydrocephaly (excessive cerebro- specialists in maternal fetal medicine. abled. I do not know how you legiti- spinal fluid in the head). As Dr. Calvin said in another letter, mately can stand and argue those two In the case of Donna Joy Watts, I none of these procedures are done by points. I do not know how you draw the would parenthetically say she had groups that specialize in high-risk line there with any sense of consist- hydrocephaly. Her parents were coun- pregnancies. They are not done in uni- ency of care for the disabled. I support seled to have an abortion. They chose versities. They are not done in hos- IDEA. I support civil rights for the dis- not to. They had the baby delivered pitals that specialize in these kinds of and she is now 51⁄2 years old. abled because I know that there are problems. They are done in abortion challenges out there, but there is no Sometimes, as in the case of hydrocephaly, clinics. They are not done by experts in it is first necessary to drain some of the fluid greater challenge to the disabled in maternal fetal medicine, this country today than the challenge from the baby’s head with a special long nee- dle, to allow safe vaginal delivery. In some perinatologists; they are done by abor- of getting born in the first place. And tionists at abortion clinics who are not I will discuss, as I have before, Donna cases, when vaginal delivery is not possible, a doctor performs a Cesarean section. But in experts in high-risk pregnancies. Joy Watts and her family and how they no case is it necessary or medically advis- In fact, this procedure was developed had to overcome incredible odds and able to partially deliver an infant through not by an obstetrician/gynecologist, adversity beyond what you would the vagina and then to cruelly kill the in- not by someone who is an expert in ma- imagine in this country just to have fant. ternal fetal medicine who is concerned this little girl born and be treated be- The legislation proposed clearly distin- about the life and health of the moth- cause she was seen as disabled, not via- guishes the procedure being banned from rec- ognized standard obstetric techniques. I er; this was developed by a family prac- ble, not important to our society. titioner who does abortions at an abor- I want to talk in specific about the must point out, even for those who support abortion for elective or medical reasons at tion clinic for the convenience of the health issue because I think it is im- any point in pregnancy, current recognized abortionist. portant, it is the remaining barrier abortion techniques would be unaffected by So all of these claims about health that many Members hide behind in not the proposed ban. are just simply a smokescreen. There is supporting the partial-birth abortion Any proponent of such a dangerous proce- no health reason to do this procedure. bill because it does not have a ‘‘health dure is at the least seriously misinformed In fact, as Dr. Hersh says, and hundreds exception.’’ Let me explain, No. 1, we about medical reality or at worst so con- of other physicians have said, obstetri- have the American Medical Associa- sumed by narrow minded ‘‘abortion-at-any- cians and gynecologists, including—he cost’’ activism to be criminally negligent. tion on record now supporting this bill, is not an obstetrician; that is, C. Ever- saying there need not be a health ex- This procedure is blatant and cruel infan- ett Koop, the former Surgeon General ticide and must be against the law. ception to this bill, this bill takes care of the United States, is not an obstetri- of all the problems that we as physi- Again, this is a statement by Camilla cian. But what is he? A pediatric sur- cians see and that there is no health C. Hersh, an obstetrician-gynecologist geon who has done surgery on all these reason to do this procedure. practicing here in northern Virginia. little babies who have had these dis- Let me share with you a statement And other statements by other med- abilities and saw high-risk pregnancies from Dr. Camilla C. Hersh, who is a ical doctors in cases that were men- firsthand, dealt with the consequences member of the American College of Ob- tioned here on this floor as reasons of these pregnancies, so he knows the stetrics and Gynecology. She says, and that partial-birth abortion must con- issue well. He said, as well as hundreds I quote from her statement: tinue to be legal. And I have this as a of other doctors, that it is never medi- I think it is obvious that for the baby this note. Senator FEINSTEIN brought up the cally necessary. I would like to read is a horrible way to die, brutally and pain- case of preeclampsia, and I have a let- the entire quote signed by, I believe, at fully killed by having one’s head stabbed ter here from Dr. Steve Calvin, MD, least a dozen experts in maternal fetal open and one’s brains suctioned out. who is a specialist in maternal fetal medicine, a group of almost 500 physi- But for the woman, this is a mortally dan- medicine. gerous and life threatening act. cians, including Dr. Koop, and obstetri- Partial-birth abortion is a partially blind What does that mean? A specialist in cians who oppose partial-birth abor- procedure, done by feel, thereby risking di- high-risk pregnancies. These are people tion: rect scissor injury to the mother’s uterus who deal with the very difficult cases While it may become necessary, in the sec- and laceration of the cervix or lower uterine that come up in pregnancy where the ond or third trimester, to end a pregnancy in segment. Either the scissors or the bony mother’s life and health and the baby’s order to protect the mother’s life or health, shards or spickules of the baby’s perforated life and health are in jeopardy during abortion is never required—i.e., it is never and disrupted skull bones can roughly rip pregnancy. medically necessary, in order to preserve a into the large blood vessels which supply the women’s life, health or future fertility, to Dr. Calvin responds to Senator FEIN- lower part of the lush pregnant uterus, re- deliberately kill an unborn child in the sec- sulting in immediate and massive bleeding STEIN’s claim that preeclampsia is a ond and third trimester, and certainly not by and the threat of shock, immediate reason to do a partial-birth abortion. mostly delivering the child before putting hysterectomy, blood transfusion and even Preeclampsia (with any number of its com- him or her to death. What is required in the death to the mother. plications, including renal failure), cardio- circumstances specified by—

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4697 Senator DASCHLE, Senator BOXER, rogue procedure, not done by special- other groups—NOW, National Organi- Senator FEINSTEIN and others— ists, not done in hospitals, developed zation for Women—in opposition to is separation of the child from the mother, by a nonobstetrician? Why do we want partial-birth abortion legislation for not the death of the child. to keep this legal? What possible rea- allowing this procedure to be legal. Let me just put it simply, for pur- son do we want to say that we need to They are an abortion advocacy group. I poses of this particular debate, while a endanger a woman’s health to allow guess they are considered a think tank mother may present herself in a condi- this procedure to be legal? The only or some short of data collection folks, tion that may require separation of the reason I can think of is what Dr. Hersh but they are advocates for abortion. child from the mother, it is not nec- said, and I will quote from her again Here is what they say, again, to the ex- essary to kill the child in that process, because I think she said it very, very tent I can—I am using the other side’s to use partial-birth abortion. I don’t well: information, taking what those who know why any doctor who is practicing Any proponent of such a dangerous proce- oppose the bill say as fact, and even good, solid medicine would deliberately dure is at the least seriously misinformed with their information, you can’t de- reach in and pull the baby out in the about medical reality or at worst— fend this procedure. This is what the breech position to deliver the child And I daresay that we may be look- Guttmacher Institute says: while the mother’s life is in danger, ing, certainly in the case of the abor- The risk of death associated with abortion while you go through a 3-day process of tion rights advocates, we are looking increases with the length of pregnancy, from dilating the cervix over 2 days, risking at our ‘‘at worst’’ here— 1 death in every 600,000 abortions at 8 or infection because the cervix is now di- fewer weeks to 1 per 17,000 at 16–20 weeks, at worst, so consumed by narrow minded and 1 per 6,000 at 21 weeks or more. lated and the womb is exposed to infec- ‘‘abortion-at-any-cost’’ activism, to be tion, risking infection, No. 1; No. 2, criminally negligent. When, I might add, partial-birth abortions occur. They occur after 20 risking an incompetent cervix, which There is no health reason to do this. means the inability to carry future weeks, sometimes at 20 weeks. Anybody who stands up on the floor in So you are 10 times more likely, ac- children. the face of now the AMA, hundreds of Unfortunately, one of the reasons cording to their numbers, to die as a obstetricians and gynecologists, spe- result of an abortion than in the first 8 cited by President Clinton as needing cialists in maternal fetal medicine, this procedure to save her health and weeks of pregnancy. who stand up in the face of over- You say, ‘‘Well, OK, that’s inter- future fertility was a woman who has whelming evidence that this procedure esting, a 1-in-6,000 chance of a mother had five miscarriages since that proce- is necessary, given the characteristics dying as the result of an abortion. But dure was done to her. To make the ar- of the procedure, a rogue procedure, what are the chances of her dying as a gument this is necessary for that is not done in hospitals, not done by spe- result of delivering the baby by induc- just not true. But a woman presents cialists, done by family practitioners ing or cesarean section, which would be herself with a health problem, and for or people who have no speciality at all a ‘normal’ delivery?’’ We happen to 2 days, to say, ‘‘Here are some pills, in delivering children, just doing abor- have those numbers: we’re going to dilate your cervix, go tions, you are defending not the health It should be noted that at 21 weeks and home, present yourself back after 2 of the mother when you argue that, after, abortion is twice as risky for the days,’’ where you risk increased infec- you are not defending the life of the woman as childbirth: The risk of maternal tion and increased complications, mother, you are defending, as Dr. death is 1 in 6,000— ‘‘come back to the abortion clinic’’— Hersh says, abortion at any cost, any As you saw before— not a hospital, because these are not time, anywhere for any reason; that for abortion and 1 in 13,000 for childbirth. done at hospitals—‘‘come back to the the child, no matter how late, no mat- So let me lay it out again. Set the ar- abortion clinic to have this procedure ter how healthy, is not to be consid- guments aside for partial-birth abor- done.’’ And then what happens? The ered. tion as to why that is more dangerous, baby is pulled out feet first, delivered That is not where America is. I know and it is. Abortion, period, is more dan- all but the head. where the majority of the Senate is. gerous to a mother. Abortion, period, is Why would you, even if you decided We will find out today whether it is more dangerous to a mother than de- to go through that procedure for the where 67 Senators are, because that is livery by inducement or by cesarean health of the mother, why would you, the magic number, 67. We need 67 votes section. Now why would you get up as Dr. Hersh suggests, why would you to override the President’s veto. here on the floor and say we need to take a blunt instrument in a blind pro- I want to have additional items keep the more dangerous option gen- cedure and stab the baby blindly in the printed in the RECORD. I know this has erally available, compound that with a base of the skull, causing all of the been printed in the RECORD before, but procedure that is even more dangerous damage that could occur, as Dr. Hersh I want to put it in. than other abortion techniques, that has set forth? Why would you do that? This is a letter from C. Everett Koop we need to keep that legal also? If you Why wouldn’t you just deliver the head to , May 13, 1997—BILL are truly concerned about the life and and give the baby a chance to live? It FRIST, the only doctor in the U.S. Sen- the health of the mother, you don’t may not live. But at least give it the ate, who has spoken eloquently, and come to the Senate floor and argue for dignity of being born and accepted into will again today, on this issue. dangerous procedures to continue to be our human community without this DEAR BILL: It is never necessary to destroy used that threaten health, future fer- brutality, this unwarranted, unneces- a viable fetus in order to preserve the health tility, life and, at the same time, kill a sary, unhealthful, dangerous, brutal of the mother. Although I can’t think of an baby that would otherwise be born stabbing and killing of a baby who is example, if it were deemed beneficial for the alive. There is no argument here. this far away, 3 inches away, from its mother to be without the fetus, it would be You will hear and see pictures of peo- first breath. Yes, its first breath. Even delivered by induction— ple: ‘‘Oh, well, they needed this.’’ As at 20 weeks, babies live. It is considered Vaginal delivery— Dr. Hersh said and said eloquently, a live birth even at 20 weeks. Babies or C-section. Abortion is truly more trau- these people were misinformed. Look, will not be able to survive long because matic than either and exposes the mother to not every doctor is a great doctor. Not they don’t have sufficient lung develop- future problems with an incompetent cervix, every doctor knows everything, but ment, but that baby will be alive when miscarriage and infertility. you don’t see those doctors on the it is born unless you kill it. Let me get away from the specifics of record here. Where are the doctors who Why kill the baby when it is more the partial-birth issue and give you an- did all the procedures in all these dangerous to the mother to do that, other reason why this is not healthy, cases, where have they testified that when it presents more complications to and I want to share with you some sta- that was the only thing they could do it? Why does that option have to be tistics from the Alan Guttmacher In- have done. They couldn’t stand the necessary that is more dangerous to stitute. What is that organization? light of day here. They couldn’t stand her health? Why would we want to This is an organization that signed let- the cross-examination here. They keep a procedure legal that threatens a ters last year with NARAL and would never, never come up here and woman’s health, that is an absolutely Planned Parenthood and a whole lot of try to defend that position.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4698 CONGRESSIONAL RECORD — SENATE May 20, 1997 It is a sad fact that in thousands of the people who are providing this infor- Then to have the President stand up instances every year, women are coun- mation, it was a misinformation cam- and hide behind this veiled threat of a seled, encouraged, told they have no paign. People said they lied through veto having to do with health is a jux- choice but to have an abortion and do their teeth in giving that information taposition which I don’t understand. I so only to find out later that some doc- to the American people. hope the President, after we deliver tor either misinformed them or, frank- But, in spite of all that, the truth has this bill to him, will recognize what ly, was so afraid of malpractice that finally bubbled to the surface. It has health of individuals really is. I am the doctor took the easy way out. That bubbled to the surface on the floor of talking about health, not just of the should never be a reason. Using bad the U.S. Senate and in the House of infant, who, in fact, is being sacrificed medicine should never be a reason to Representatives, but also throughout in this procedure, but also the health keep the procedure legal. The fact that the media. Discussions have taken of the mother. It requires support of there are some doctors out there who place in hospitals. Discussions have this ban. practice bad medicine should not be a taken place among the organized med- The letter says: ical groups. We all recognize that reason to keep this procedure legal. DEAR SENATOR SANTORUM: The American Mr. President, how much time do I whether it is ACOG, the group of obste- Medical Association is writing to support have remaining? tricians and gynecologists, or the H.R. 1122, ‘‘The Partial-Birth Abortion Ban The PRESIDING OFFICER (Mr. American Medical Association, which Act of 1997,’’ as amended * * * the AMA has GRAMS). The Senator from Pennsyl- represents all physicians, that none of supported such legislation * * * vania has 60 minutes remaining. these organizations really speak for ev- They go on in the first paragraph to Mr. SANTORUM. Mr. President, I do erybody. But when you put it alto- say: not want to use up all my time. I do gether—and it has been put together, Although our general policy is to oppose not see anyone from the other side. I mixed up, dissected and looked at— legislation criminalizing medical practice or ask unanimous consent that when I ask gradually it is beginning to crystallize procedure, the AMA has supported such leg- to go into a quorum call the time be in a very clear way. And I think it is islation where the procedure was narrowly deducted from the other side’s time. worth talking about a little bit on the defined and not medically indicated. The PRESIDING OFFICER. Without floor of the U.S. Senate once again. Narrowly defined, which this ban is. objection, it is so ordered. On a momentous occasion yesterday, There was an attempt last week to Mr. SANTORUM. Thank you, Mr. after 2 years of looking at the issue, take this very narrow ban, carefully President. the American Medical Association es- proscribed—protections for the mother, I suggest the absence of a quorum. sentially said that restricting this pro- protections clearly for the child, pro- The PRESIDING OFFICER. The cedure is something that should be tections for the medical profession. An clerk will call the roll. done by the American people and by attempt was made last week to push The legislative clerk proceeded to the U.S. Congress. Again, this is after a that aside with a much broader issue call the roll. lot of debate, a lot of discussion, and a that needs to be continually debated. Mr. SANTORUM. Mr. President, I lot of examination of the facts within But now we are back on the narrow ask unanimous consent that the order the medical community, with the definition. for the quorum call be rescinded. American people, by ethicists and by The AMA says it is not medically in- The PRESIDING OFFICER (Mr. religious communities. There is a mass dicated, not medically indicated, not HAGEL). Without objection, it is so or- movement to ban this brutal procedure just for the baby but for the mother. It dered. which offends the sensibilities of every is not medically indicated, according Mr. SANTORUM. Mr. President, I American, everybody in our civiliza- to the American Medical Association, now yield 10 minutes to the Senator tion today. This procedure, when de- the largest organization representing from . scribed, offends their sensibilities. more physicians than anyone in the I mentioned the American Medical The PRESIDING OFFICER. The Sen- United States of America. Association. Again, the American Med- ator from Tennessee. The second paragraph outlines the ical Association, the largest physician Mr. FRIST. Mr. President, I rise three principles that, after much dis- group in the country, issued a letter briefly to make several comments and cussion and much debate within the yesterday that said really—let me refer to review a little bit some of the myth to the letter. This is the letter in its AMA, were agreed to: that has surrounded the debate on our entirety. It was written to Senator First, the bill would allow a legitimate ex- attempts to ban a brutal procedure, a ception where the life of the mother was en- SANTORUM, who, obviously, has done a procedure called the partial-birth abor- dangered, thereby preserving the physician’s wonderful job, an outstanding job, in tion. judgment to take any medically necessary helping America understand what the It has been fascinating to watch steps to save the life of the mother. significance of this ban is. where we started really about 2 years I will go through the letter. The key For the life of the mother, any steps ago in the of learning about sentence is the last sentence. It basi- can be taken, spelled out very clearly this procedure, recognizing that it is cally says, ‘‘Thank you, for the oppor- in the bill: performed, recognizing that it is as tunity’’—remember, this is from John Second, the bill would clearly define the close to infanticide as one can possibly Seward, from the American Medical prohibited procedure so that it is clear on get in our civilization today, and to Association, representing their conclu- the face of the legislation what act is to be banned. track the misinformation, the orga- sions. nized misinformation campaigns that It says: ‘‘Thank you for the oppor- The attempt was made last week to have been carried out, instigated by a tunity to work with you towards re- ban all abortions, and that needs to be number of parties that have made it all stricting a procedure we all agree is debated. But this bans a very specific the way to the Presidency of the not good medicine.’’ procedure—a procedure, I might add, United States of America—a misin- I guess a sentence like that does lead that is performed quite frequently formation campaign that I think and I me to question how the President of around the country but tends to be per- hope was the reason he vetoed this ban the United States could continually, formed in abortion clinics, many times that is so supportive in a bipartisan every day, hide behind a threat of a outside of peer review of other physi- way by Congress, and that is clearly veto talking about the health of cians, very rarely in the hospital where supported by the American people. women, because for health of women you have nurses around to ask ques- I give the President the benefit of the we have to look at the American Med- tions, and when you have other physi- doubt because I had the opportunity—I ical Association, which represents ob- cians around or hospital administra- will refer back to it shortly, some of stetricians, gynecologists, family prac- tors asking, ‘‘What is the ethics of a the statements he made in his press titioners, internists, cancer specialists, procedure that so brutally sacrifices an conference and the people he brought heart disease—all of these groups of infant upon three-fourths completion forward. But since that time—I guess people focus on their No. 1 goal, which of delivery?’’ that is what I am excited about—peo- is to promote the health of this Nation, No, these are performed with rel- ple have come forward and said, even the health of individuals. atively high frequency, when you are

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4699 talking about hundreds or thousands of December 13, 1996. President Clinton he said, were aborted because of the infants that are, in fact, murdered. But described a hypothetical situation psychological and emotional health of they are being performed outside the where without a partial-birth abortion the mother, despite the advanced ges- peer review and, I would say, the ethics a woman could not—and I use tational age and health of the child. of the medical profession. quotations here—‘‘preserve the ability So we can see that if you use a health In the letter from the American Med- to have further children.’’ He said that exception, you have a huge door ical Association endorsing the bill, sup- he would not, using his words again, through which you can drive a truck porting the ban, it said: ‘‘tell her that I am signing a law which and continue to perform this proce- Finally, the bill would give any accused will prevent her from having another dure. If you throw in a so-called health physician the right to have his or her con- child. I am not going to do it,’’ said the exception, as good as it sounds, it real- duct reviewed by the State Medical Board President. ly goes back to what Doe versus Bolton before a criminal trial commenced. In this That is heart wrenching. When you in 1973, the Supreme Court case defined manner, the bill would provide a formal role as health. They defined health to in- for valuable medical peer determination in see just that clip, we tend to any enforcement proceeding. empathsize with what the President is clude ‘‘all factors—physical, emo- tional, psychological, familial, and the I think this is important to say be- saying. But the bottom line is partial- woman’s age—relative to the well- cause as a physician I have to admit birth abortion is never ever necessary to preserve the health of a woman. The being of the patient.’’ before coming to the Senate the idea That is the big door through which, if that this body or the Congress would College of Obstetrics and Gynecology has issued a statement that said they you are an abortionist, if you do not pass a law to tell me what I could or follow the ethics of the American Med- could not do in terms of what I thought ‘‘could identify no circumstance under which this procedure would be the only ical Association or the medical profes- was in the best interest of my patient sion today, you can continue to do this bothered me, not this particular ban option to save the life or preserve the health of the mother.’’ There are al- brutal, inhumane procedure by saying, but just the idea of having somebody in oh, it is for the health of the mother. Washington, DC, inside the beltway ways—always—other procedures that will preserve the health of the mother. The mother is a bit down in the dumps telling me how to practice medicine because she feels like this baby must and then making something a criminal The AMA task force convened on this issue also concluded, ‘‘There does not be sacrificed, and therefore I can cer- procedure. tify and say that is the health of the It is easier as a physician to say, no, appear to be any identified situation in which intact D&X is the only appro- mother. I don’t want any part of anything like Again, in Doe versus Bolton, the law that, and I think that is what we were priate procedure to induce abortion.’’ Thus, even if there are health rea- of the land, the Supreme Court case in hearing from some of the medical com- 1973 included ‘‘all factors—physical, munity, a fear that they would be sons—and health is defined very, very broadly—even if there are health rea- emotional, psychological, familial, and thrown in jail for doing what they the woman’s age—relative to the well- think is right for the patient, and they sons, there are other safer procedures for the mother. being of the patient.’’ People in the didn’t want this to be set as a prece- abortion industry understand that dent. I think this letter and the bill Myth No. 2. It goes like this. The D&X procedure, partial-birth abortion, there are many late-term abortions for shows that, no, that is not what is social reasons as well as health rea- being done. Basically, we are banning a is a rare and difficult medical proce- dure. It is usually performed only in sons. It is recognized; people know it. very specific procedure that is on the A 1993 National Abortion Federation extreme cases to save the life of the fringe, and you are going to have the internal memorandum said, ‘‘There are woman or in cases of severe fetal ab- opportunity for peer review to know many reasons why women have later normalities. what is accepted medical practice even abortions,’’ and they include, ‘‘Lack of Well, again, it is just not true. If we in the event you are accused in this money or health insurance, social psy- look to what Ronald Fitzsimmons said, manner. chological crisis, lack of knowledge executive director of the National Coa- Then the letter goes on. about human reproduction.’’ Mr. President, I ask unanimous con- lition of Abortion Providers, Mr. Fitz- So when you see legislation in the sent that I have another 5 minutes. simmons, I think, has shown amazing Chamber allowing this procedure or Mr. SANTORUM. I yield the Senator integrity in coming forward when he even putting in amendments or sup- another 5 minutes. said that he admits he—I am using his posing it should be allowed for health The PRESIDING OFFICER. The Sen- words—lied through his teeth when he of the mother, just recognize, if that is ator is recognized for another 5 min- said partial-birth abortion was rarely the case, that anybody—anybody—can utes. used or only on women whose lives continue doing this procedure at the Mr. FRIST. Then the final sentence, were in danger. same rate as they do today by pro- again which really summarizes it, and In a recent American Medical News viding this huge loophole, which again that is why I started with it: ‘‘Thank article he explained that he could not sounds like it is not a loophole but in you for the opportunity of working justify lying to the American people practice is a huge loophole. One last with you toward restricting a proce- any longer saying—and remember, he myth. dure we all agree is not good medi- was an advocate; he opposed the ban Mr. President, can I ask for another cine.’’ initially. He said, ‘‘They are primarily 5 minutes? I am proud that as Americans we done on healthy women and healthy Mr. SANTORUM. Five additional have not lost our ability to discern fetuses, and it makes you feel like a minutes. what is right from what is wrong, and dirty little abortionist with a dirty lit- The PRESIDING OFFICER. The Sen- despite the vim of the well-worn rhet- tle secret.’’ ator is asking for another 5. The Sen- oric that we have heard broadly in the It is no longer a secret. It is no ator is recognized for another 5 min- media and on the floor in the past, we longer a secret. We have talked about utes. now have listened to our hearts and we it in the Chamber. The media under- Mr. FRIST. One last myth goes like know that nothing can justify a proce- stands it. The American people under- this. This procedure could possibly be dure such as this one that is a mere 3 stand it. It is time to ban this proce- the best procedure in a woman’s situa- inches—a mere 3 inches—from criminal dure. tion for her health. In other words, now infanticide. Dr. James McMahon, another partial- people realize and they didn’t really a Several myths. Myth No. 1. Partial- birth abortion practitioner, testified month ago or 6 months ago, and the birth abortion is necessary to preserve before Congress that 80 percent of the President may not realize it today, the health of the mother. It has been partial-birth abortions he performed there are a range of procedures when, used again and again. The President of were for purely elective reasons—pure- for example, it is life of the mother. the United States continued to use it ly elective reasons. The examples he But there are some people who would yesterday; I am sure he will say some- gave: nine babies because they had a say this is the best procedure. thing about it today until this bill is little cleft lip, which can be easily re- Let me just say that as a physician, delivered to him. paired today. Many others, at least 39, as one who has taken an oath to take

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4700 CONGRESSIONAL RECORD — SENATE May 20, 1997 care of that individual who comes into tions cannot and should not be cat- trates, this is not simply an issue of a the office, who comes into the room, to egorized with other medical proce- woman’s ‘‘right to choose’’ whether or preserve the life and the health of dures. They should not be allowed in a not to have a child. It is also an issue every patient, I find this very discom- civilized country. of protecting the life of an unborn forting. I have talked to obstetricians. With the reintroduction of the par- child. However much we may disagree We have had the quotations in the tial-birth abortion ban legislation in about whether life begins at concep- Chamber. We have consulted many. the Senate, we have the opportunity tion, when it comes to late term abor- They have basically told us that this is right now to right a wrong. Now, once tions, we are clearly talking about a not the best procedure, that there are again, the American people are calling baby. And therefore, it is entirely rea- other alternative procedures if there is upon us to listen not to our political sonable to place restrictions on such the indication, for example, of life of advisers, not to listen to the various abortions, especially when the proce- the mother. Many practitioners had interest groups that come forward but dure in question is as barbaric—and as never heard of it. The people in Ten- to listen to our conscience. It is going unnecessary—as this one. nessee, the high-risk obstetricians to take moral courage to stop propa- Last September 26, when the Senate whom I have talked to across the State ganda which is going to continue to was debating whether or not to over- of Tennessee, they have not performed come forward. It is going to take moral ride President Clinton’s veto of this this procedure and many have not courage to make sure that good infor- measure, made heard of this procedure. mation makes it all the way to the the same point in this way: Remember, this procedure was fash- President of the United States when he Up till now the abortion debate, if you’ll ioned, described—in fact, the only arti- has to decide whether or not to veto pardon the metaphor, has managed to ignore cle in the literature that we can really this piece of good legislation. But we the 800-pound gorilla in the room. For the find describing it so it can be presented all, including the President, have at first time, people are also talking about the among other people is from Dr. Has- our disposal today the information fetus, not about women alone. A fetus may kell, who is not an obstetrician. He is or may not be human, but on the other hand, with which to do the right thing. it’s not nothing. At 20 weeks of gestation, not a board certified obstetrician but, So for the sake of women, and I think when the partial-birth abortion debate be- rather, a family-practice medical doc- women especially, for the sake of their gins, a fetus is about nine inches long and is tor. These procedures are being per- children, and really for the sake of our clearly becoming human. formed but not endorsed, not the proce- society, our society as a future civiliza- Opponents of the effort to ban this dure. Nothing from the obstetrics and tion, we must put a stop once and for procedure based their argument largely gynecologic association has come out all to partial-birth abortion. I support on claims about the relative safety and and said we support this procedure. the ban and urge all of my colleagues medical necessity of this procedure Now, when people say, well, it could today, when we vote in several hours, which we now know to be false. We all be the best or it could not be the best, to support the ban, and I urge the know by now about the admission by that is that noncommittal approach President not to veto this very good Ron Fitzsimmons, executive director of that some physicians have taken. And piece of legislation. the National Coalition of Abortion Pro- why? Because there is this great fear Mr. SANTORUM addressed the Chair. viders, that he lied through [his] teeth that big brother Government, the Fed- The PRESIDING OFFICER. The Sen- about the frequency of and justifica- eral Government is going to come down ator from Pennsylvania. tion for this procedure. And even the and jump into that doctor-patient rela- Mr. SANTORUM. Mr. President, I doctor who invented the procedure has tionship and tell us what we can or commend the Senator from Tennessee admitted that 80 percent of these pro- cannot do. That is the fear physicians for his terrific statement, as always. cedures he has performed were purely have. Remember, this bill takes one He has been on the floor for the past elective. In other words, they were not brutal, unaccepted procedure in the several days debating this issue from a performed to preserve either the life or medical profession and bans it. position of authority, I might add, as the health of the mother. Let me just recap and then I will the only physician in the Senate. But I Mr. President, the majority of Amer- close, Mr. President. We have a brutal, also thank him for his tremendous icans agree that abortion on demand— basically repulsive procedure that is work in working with me and Rep- at any time during pregnancy, for any specifically designed to kill a living in- resentative CANADY and the AMA to reason—is wrong. Even a majority of fant outside the birth canal except for come up with the language changes people who describe themselves as pro- the head, specifically designed to kill a that were necessary to secure this very choice believe it is reasonable to re- living infant outside of the birth canal important endorsement of the medical strict abortion under some cir- with only the head remaining inside. community. He was right on the front- cumstances. It is time we decided The leading providers of women’s ob- lines working to make sure that hap- where to draw that line. This is cer- stetrical and gynecological services pened, and he made a great contribu- tainly a good place to draw it. condemn it. They recommend that it tion to the debate on this whole issue, Mr. LEVIN. Mr. President, H.R. 1122 not be used. They refuse to endorse it. whether or not we get enough votes in would seek to ban a particular medical They highlight its risks for the mother the Senate today, of consciousness of procedure, the intact D&X procedure. I and say that there are other safe and the American public, and I thank him believe we cross a dangerous threshold equally effective alternatives avail- for that. when we seek to legislate which par- able. Mr. President, I do not have a speak- ticular medical procedures may be I guess I can understand some of the er here at this point, so I ask unani- used, and which may not be used, by reasons why those practitioners, or a mous consent again that when I sug- physicians. Dedicated doctors and few of them, urge us not to ban it. gest the absence of a quorum, the time nurses, through official statements of They say it would be violating the be deducted from the Democratic side. their associations, urge us not to adopt sanctity of the physician-patient rela- The PRESIDING OFFICER. Without H.R. 1122, and not to politicize this tionship. Mr. President, as a physician, objection, it is so ordered. The clerk issue. as one who has taken the same oath to will call the roll. The American College of Obstetri- preserve the health and the life of oth- The assistant legislative clerk pro- cians and Gynecologists, an organiza- ers, and I also say as a father, I submit ceeded to call the roll. tion representing 38,000 physicians that any provider who performs this Mr. SANTORUM. Mr. President, I whose lives are dedicated to bringing partial-birth abortion procedure has al- ask unanimous consent that the order babies into the world and keeping them ready violated that sanctity, that sanc- for the quorum call be rescinded. and their mothers safe, issued a policy tity of the physician-patient relation- The PRESIDING OFFICER. Without statement on January 12, 1997, relative ship. The AMA, in essence, has said objection, it is so ordered. to the bill before us which states that: that when they say they appreciate the Mr. FAIRCLOTH. Mr. President, I An intact D&X may be the best or most ap- opportunity to work with us toward re- urge my colleagues to vote in favor of propriate procedure in a particular cir- stricting a procedure which all agree is the Partial-Birth Abortion Ban Act. As cumstance to save the life or preserve the not good medicine. Partial-birth abor- the recent debate on this issue illus- health of a woman, and only the doctor, in

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4701 consultation with the patient, based upon ter dated May 20, 1997, be printed in the available to them. Third, medical care deci- the woman’s particular circumstances can RECORD. sions must be left to the judgment of a make this decision. The potential exists that The PRESIDING OFFICER. Without woman and her physician without fear of legislation prohibiting specified medical objection, it is so ordered. civil action or criminal prosecution. We do practices, such as intact D&X, may outlaw not support the levying of civil and criminal techniques that are critical to the lives and (See exhibit 3.) penalties for care provided in the best inter- health of American women. The intervention Mr. LEVIN. I have other concerns est of the women patient. of legislative bodies into medical decision with this bill as well. For example, AMWA remains committed to ensuring making is inappropriate, ill advised and dan- while banning one abortion procedure, that physicians retain authority to make gerous. this bill leaves legal other abortion medical and surgical care decisions that are Their position was reiterated yester- procedures which can be used, proce- in the best interest of their patients given the information available to them. day. I ask unanimous consent that dures which are just as destructive to Sincerely, their letter dated May 19, 1997, be the fetus but which could be less safe DEBRA R. JUDELSON, MD, printed in the RECORD. for the mother. President. The PRESIDING OFFICER. Without The Supreme Court has held that EXHIBIT 3 objection, it is so ordered. States may not ban pre-viability abor- AMERICAN NURSES ASSOCIATION, (See exhibit 1.) tions but may ban post-viability abor- Washington, DC, May 20, 1997. Mr. LEVIN. The president of the tions except when necessary to protect Hon. BARBARA BOXER, American Medical Women’s Associa- a woman’s life or health. The bill under U.S. Senate, tion, Inc., in a March 10, 1997, letter, consideration would ban certain pre-vi- Washington, DC. wrote the following on behalf of more ability abortions, and it does not allow DEAR SENATOR BOXER: I am writing to reit- erate the opposition of the American Nurses than 10,000 women physicians and med- for an exception required by the Su- ical students nationwide, Association to H.R. 1122, the ‘‘Partial-Birth preme Court to preserve a woman’s Abortion Ban Act of 1997’’, which is being I would like to register our strong opposi- health relative to post-viability abor- considered by the Senate this week. This leg- tion to . . . [S. 6], which seek(s) to outlaw in- tions. islation would impose Federal criminal pen- tact D&E. . . .We do not believe that the alties and provide for civil actions against federal government should dictate the deci- Mr. President, in summary, the bill before us ignores the strong advice of health care providers who perform certain sions of physicians and feel that passage of late-term abortions. this legislation would in effect prescribe the the specialists and nurses acting offi- medical procedures to be used by physicians cially through their associations. The * * * * * rather than allow physicians to use their bill before us violates Supreme Court Sincerely, medical judgment in determining the most opinions. The bill would risk the health GERI MARULLO, MSN, RN, appropriate treatment for their patients. of a mother while not preventing one Executive Director. The passage of this legislation would set a abortion. We are usurping in this bill Ms. MIKULSKI. Mr. President, I rise dangerous precedent—undermining the abil- in opposition to the Santorum bill. I ity of physicians to make medical decisions. medical judgments relative to indi- vidual women, in perhaps the most dire oppose this bill for three reasons. First It is medical professionals, not the President of all, it will not stop a single abortion or Congress, who should determine appro- and tragic circumstances they will ever priate medical options. face. This is not the way legislators from occurring. Second, it is unconsti- tutional. Finally, it does not provide Their position was reiterated today. I should create crimes. any protection for a woman whose ask unanimous consent that their let- EXHIBIT 1 health is grievously threatened by the ter dated May 20, 1997, be printed in the THE AMERICAN COLLEGE OF pregnancy. RECORD. OBSTETRICIANS AND GYNECOLOGISTS, I want to ban all post-viability abor- The PRESIDING OFFICER. Without Washington, DC, May 19, 1997. tions, not a particular procedure. I be- objection, it is so ordered. Hon. , (See exhibit 2.) Senate Majority Leader lieve the only time an abortion should Mr. LEVIN. The Executive Director Washington, DC be allowed after the point of viability of the American Nurses Association, DEAR SENATOR LOTT: In light of the slight is when the woman’s life is threatened wrote to me in November, 1995, and modifications being proposed to HR 1122, the or her health is at serious risk of sub- stated: ‘‘Partial-Birth Abortion Ban Act of 1997,’’ we stantial impairment. wanted to take this opportunity to reiterate I supported the Daschle alternative. It is the view of the American Nurses Asso- our opposition to this legislation. Our state- ciation that this proposal would involve an The Daschle alternative would have ment on this issue is attached. meant fewer abortions. It banned all inappropriate intrusion of the federal gov- Sincerely, ernment into a therapeutic decision that abortions once a fetus had achieved vi- RALPH W. HALE, MD, should be left in the hands of a pregnant Executive Director. ability. In other words, once a fetus woman and her health care provider. ANA could survive outside the womb—with EXHIBIT 2 has long supported freedom of choice and eq- or without life support—a woman could uitable access of all women to basic health AMERICAN MEDICAL WOMEN’S not obtain an abortion. services, including services related to repro- ASSOCIATION, INC., It provided only two exceptions: first, ductive health. This legislation would im- Alexandria, VA, May 20, 1997. when the woman’s life was threatened pose a significant barrier to those principles. Hon. RICK SANTORUM, It is inappropriate for Congress to mandate U.S. Senate, by continuing the pregnancy, and sec- a course of action for a woman who is al- Washington, DC. ond, when she was at risk of grievous ready faced with an intensely personal and DEAR SENATOR SANTORUM: On behalf of the injury to her health. If the Daschle al- difficult decision. This procedure can mean American Medical Women’s Association ternative had been adopted there would the difference between life and death for a (AMWA), I would like to reiterate our oppo- be fewer abortions. woman. sition to H.R. 1122, the so-called ‘‘Partial- The bill before us bans one procedure. The American Nurses Association is Birth Abortion Ban Act of 1997,’’ as amended. It does not ban one single abortion. It the only full-service professional orga- AMWA does not endorse legislation which bans a method of abortion. It enables a nization representing the nation’s 2.2 interferes with medical decisionmaking, par- ticularly when it fails to consider the health doctor to choose any other abortion million Registered Nurses through its of the woman patient. procedure—even ones that might cause 53 constituent associations. ANA ad- Our opposition to this legislation is based a greater health risk to the woman. So vances the nursing profession by fos- on the following issues. First, we are gravely no abortions would be stopped by this tering high standards of nursing prac- concerned that this legislation does not pro- bill. tice, promoting the economic and gen- tect a women’s physical and mental health, I want to support a bill that is con- eral welfare of nurses in the workplace, including future fertility, or consider other stitutionally acceptable. The bill be- projecting a positive and realistic view pertinent issues such as fetal abnormalities. fore us fails the test of constitu- of nursing, and by lobbying the Con- Second, this legislation would further erode tionality. The Supreme Court has al- physician-patient autonomy forcing physi- gress and regulatory agencies on cians to always avoid legislatively prohib- ways insisted that prior to the point of health care issues affecting nurses and ited procedures in medical decisionmaking, viability, the woman’s right to abor- the public. including in emergency situations when phy- tion is constitutionally protected. This Their position was reiterated today. I sicians and patients must base their deci- bill infringes on that right by banning ask unanimous consent that their let- sions on the best available information a procedure even before viability.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4702 CONGRESSIONAL RECORD — SENATE May 20, 1997 The Supreme Court has also held The American College of Obstetri- associations that guide doctors’ decision- that in any legislation restricting cians and Gynecologists, on the other making in the complicated and difficult mat- abortion, the woman’s life and health hand, endorsed the Daschle alternative. ters of life and death. must be protected. A physician must They represent 38,000 physicians who Nothing has changed since then. My place the woman’s health as the para- are experts in women’s health and reasons for voting against Senator mount concern. There can be no trade issues related to pregnancy. They en- DASCHLE’s substitute amendment last off of the woman’s life and health for dorsed the Daschle alternative because week included this very principle: That that of the fetus. it would have provided a meaningful Congress should not restrict those re- By refusing to include any exception ban while assuring women’s health is productive health decisions made by a for instances where the woman’s health protected. woman and her doctor. is at risk, H.R. 1122 is constitutionally Let me say that I do not for one mo- Third, the legislation before us would unacceptable. The Daschle alternative, ment question the sincerity of those prevent doctors from using the D&X on the other hand, was respectful of who have called and written me in sup- procedure where it is necessary to save the requirements of the Constitution. port of H.R. 1122. They want to stop the life of the mother. This clearly It focused only on abortion procedures abortions, and I respect the depth of goes against the holding of the Su- after the point of viability. And it en- their convictions. preme Court in Roe, as it required the sured that a woman’s health could be But let me also say that if this bill is health of the mother be safeguarded protected. enacted, it will be a hollow victory. I when States regulate late-term abor- I want to support legislation that believe the Supreme Court will reject tions. I will not vote for a bill that is provides for the health of the woman. I this bill as unconstitutional. In the neither constitutional, nor takes into know that health of the woman is end, even if it were somehow to pass account those situations where car- viewed by some as merely a loophole. constitutional muster, it will not stop rying a fetus to term would cause seri- But even those who hold that view a single abortion. It will merely divert ous health risk for the mother. This is must acknowledge that there are med- physicians to other abortion proce- simply unacceptable. My vote in favor ical crises that arise during pregnancy dures. of the Feinstein substitute amendment that could cause profound harm to a So this bill will not save lives. It will underscored my commitment to safe- woman’s health. not save the lives and health of women. guarding a doctor’s options to protect Conditions like severe hypertension And it will not save the lives of fetuses. the health of the mother in cases where or peripartal cardiomyopathy are It is a hollow victory indeed. a late-term procedure is necessary. caused by the pregnancy itself. These Finally, I believe that women who can lead to organ failure or put a I will oppose this measure. Mr. JEFFORDS. Mr. President, today choose to undergo a D&X procedure do woman at risk of cardiac failure. Other so for grave reasons. If there are conditions, like leukemia or breast we will vote on the legislation offered by the Senator from Pennsylvania [Mr. women who abort to fit into their prom cancer, cannot receive the aggressive dress, I trust the States to regulate treatment they require so long as the SANTORUM] to ban the dilation and ex- traction, or D&X, procedure used by these incidents—if they do, in fact, pregnancy continues. occur. We have established a delicate I don’t believe that anyone would doctors. I will be voting against this legal framework in which to address argue that these are minor health ban for the third time in as many late-term abortions and we should not problems. Yet the Santorum bill does years. shift the decisionmaking to the Fed- not allow any health exception for My reasons for opposing this legisla- eral Government. women facing these major health tion are many. Most have been dis- Mr. SMITH of New Hampshire. Mr. threats. cussed on the floor since the debate The Daschle alternative, on the other began last week. First, and most im- President, I rise in strong support of hand, did provide a carefully crafted portantly I believe that this bill under- H.R. 1122, the Partial-Birth Abortion exception for the woman’s health. It mines the Supreme Court’s decision in Ban Act of 1997. said that a physician could abort a via- Roe versus Wade to leave these critical Mr. President, it has been nearly 2 ble fetus when the pregnancy would matters in the hands of a woman, her years since I first introduced the Par- ‘‘threaten the mother’s life or risk family, and their doctor. The pending tial-Birth Abortion Ban Act in the Sen- grievous injury to her physical legislation is an effort to chip away at ate. At that time, only my distin- health.’’ Grievous injury was narrowly these reproductive rights established in guished colleague, Senator GRAMM of defined to include only the most debili- that 1973 decision and upheld by court Texas, joined me as an original cospon- tating problems caused by the preg- cases since 1973. I understand many sor. We have come a long, long way nancy itself and cases where the preg- people disagree with my position. This since that time. We are not there yet, nancy caused an inability to treat a issue has been contentious since I came but we have made tremendous life-threatening condition. It required to Congress in 1975. progress. that such conditions be medically Second, with the Roe decision, the When the Partial-Birth Abortion Ban diagnosable, and ruled out any condi- Supreme Court wisely gave States the Act first passed the Senate on Decem- tion for which termination of the preg- responsibility to restrict third-tri- ber 7, 1995, it did so with the support of nancy was not medically indicated. mester abortions, so long as the life or 54 Senators. When the Senate voted on This was not loophole shopping. This health of the mother were not jeopard- whether to override President Clinton’s was a serious, careful, intellectually ized. As of 1997, all but nine States veto of the Partial-Birth Abortion Ban rigorous effort to deal with the reali- have done so. To me, the rights of Act on September 26, 1996, 57 Senators ties of women’s health and women’s States to regulate abortions, when the voted in favor of the bill. lives. life or health of the mother are not in Today, we believe that we have at I was proud to support the Daschle danger, is an adequate safeguard. In least 62 Senators who are prepared to alternative. I was disappointed that it the event the States pass unconstitu- vote for this legislation. We remain did not receive broader support. It tional regulations on this point, the several votes short of the 67 votes that would have prevented abortions. It was appropriate remedy is with the courts. we will need to override President Clin- respectful of the Constitution. It safe- I realize that this policy leads to dif- ton’s promised veto of this bill, but we guarded women’s health. ferences in law from State to State, are getting closer. I am hopeful that in I am disappointed that the American but just as families differ, so too do the wake of yesterday’s dramatic an- Medical Association has chosen to en- States. As I said during debate on this nouncement that the American Med- dorse this bill. I am particularly trou- topic in 1995: ical Association has endorsed the Par- bled that their decision seems to be tial-Birth Abortion Ban Act of 1997, we based not on what is best for women’s When the Roe versus Wade decision ac- will get there. knowledged a state interest in fetuses after health but on what is best for doctors. viability, the Court wisely left restrictions Mr. President, one of the principal The changes they sought in the bill on post-viability abortions up to states. reasons why we are making so much were designed only to protect a physi- There are expert professional licensing progress in the Senate toward our goal cian from legal endangerment. boards, accreditation councils and medical of outlawing partial-birth abortion is

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4703 that more and more Senators are real- ban is reconsidered. And this time, Mr. Clin- ment,’’ Senator SPECTER said, ‘‘the izing that the opposition to this bill in ton will be hard-pressed to justify a veto on medical act or acts of commission or the last Congress was built on a foun- the basis of the misinformation on which he omission in interfering with, or not fa- dation of lies. When I use the word rested his case last time. cilitating the completion of a live birth ‘‘lies,’’ Mr. President, I am using the There you have it, Mr. President. One after a child is partially out of the very word that one of the Nation’s of the abortion industry’s most promi- mother’s womb constitute infanticide.’’ leading abortion industry lobbyists— nent leaders has admitted that the case ‘‘The line of the law is drawn, in my against the partial-birth abortion ban Ron Fitzsimmons—used when he pub- legal judgment,’’ Senator SPECTER con- licly admitted earlier this year that he was based on ‘‘lies.’’ Not my word, his cluded, ‘‘when the child is partially out ‘‘lied through [his] teeth’’ when he word—‘‘lies.’’ of the womb of the mother. It is no helped orchestrate the campaign points out that in attempting to jus- longer abortion; it is infanticide.’’ against the partial-birth abortion ban tify his veto of the Partial-Birth Abor- Once again, Mr. President, those are legislation in the last Congress. tion Ban Act, President Clinton strong words and they are truthful ‘‘echoed’’ those lies. And the Wash- In an interview published in the New words. Senator SPECTER is a pro-choice York Times on February 27, 1997, and ington Post points out, in a great un- Senator, and it took courage for him to derstatement, that President Clinton in an article published in the American support this bill. But he did so, again, will be ‘‘hard-pressed’’ to base another Medical News on March 3, 1997, Mr. Mr. President, because he recognized veto on Mr. Fitzsimmons’s and his Fitzsimmons made the surprisingly that partial-birth abortion is more like friends’ ‘‘misinformation.’’ candid admission that he had ‘‘lied’’ infanticide than it is abortion. Pulitzer Prize-winning columnist So, Mr. President, we are steadily when he claimed that partial-birth George Will drew the following conclu- picking up more and more support in abortions are rare. In those same inter- sion in an opinion article published on the Senate because, as I have argued views, Mr. Fitzsimmons also conceded April 24, 1997, in : that he ‘‘lied’’ when he claimed that here today, more and more Senators The accusation that President Clinton are realizing that the case against this partial-birth abortions are performed cares deeply about nothing is refuted by his only on women whose lives are endan- tenacious and guileful battle to prevent any bill was built on a foundation of what gered or whose unborn children are se- meaningful limits on the form of infanticide are now conceded to have been ‘‘lies.’’ verely disabled. ‘‘It made me phys- known as partial-birth abortion. However, We are also picking up greater and ically ill,’’ Mr. Fitzsimmons told his that battle proves that his professed desire greater support because more and more interviewer. ‘‘I told my wife the next to make abortion ‘‘rare’’ applies only to the Senators are realizing that this issue day, ‘I can’t do this again.’’’ fourth trimester of pregnancies. transcends abortion—that the tiny lit- In seeking to justify his veto of the Mr. President, even though President tle human being whom we are talking Partial-Birth Abortion Ban Act last Clinton seems bound and determined about is a partially born baby who is year, the New York Times points out, not to take another look at his stand just inches from drawing her first ‘‘President Clinton echoed the argu- on partial-birth abortion even in the breath. ment of Mr. Fitzsimmons.’’ In other face of Mr. Fitzsimmons’s stunning ad- To those Senators who are still con- words, in justifying his veto, Mr. Clin- missions, I urge my colleagues who sidering joining the ever-increasing ton relied on the same statements of voted against this bill in the last Con- majority of Senators who support the ‘‘fact’’ that have now been conceded by gress to do just that—take another Partial-Birth Abortion Ban Act, let me a key leader of the abortion industry look. Many, if not most, of you voted address a few more comments to you. to be ‘‘lies.’’ against this bill because you believed Perhaps the Nation’s most respected The truth, Mr. Fitzsimmons told the Mr. Fitzsimmons and his friends when and revered doctor—‘‘America’s Doc- New York Times, is that ‘‘[i]n the vast they told you that partial-birth abor- tor’’—is the former Surgeon General of majority of cases, the [partial-birth tions are rare and they are only done the United States, C. Everett Koop. I abortion] procedure is performed on a on women facing grave physical am particularly proud of Dr. Koop be- healthy mother with a healthy fetus threats or whose unborn children are cause he is a part-time resident of my that is 20 or more weeks along.’’ And, hopelessly deformed. I urge you to take home State of New Hampshire. as Mr. Fitzsimmons told the American another look, reconsider your position, This is what Dr. Koop has to say: Medical News, ‘‘[t]he abortion-rights and on reconsideration, support us. ‘‘Partial-birth abortion is never medi- folks know it, the anti-abortion folks Partial-birth abortions aren’t ‘‘rare’’— cally necessary to protect a mother’s know it, and so, probably, does every- they’re common—and they are done, in health or future fertility. On the con- body else.’’ Except, Mr. Fitzsimmons the overwhelming majority of cases, on trary, this procedure can pose a signifi- might have added, for President Clin- perfectly healthy women with per- cant threat to both her immediate ton, who still promises to veto this bill fectly healthy unborn children. health and future fertility.’’ We all even though the reasons he gave to jus- Mr. President, aside from the Fitz- know that Dr. Koop is not a man who tify his previous veto have turned out simmons revelations, I believe that an- uses words lightly. On the contrary, to be ‘‘lies.’’ other reason why the Partial-Birth Dr. Koop is a doctor who chooses his Mr. President, following Mr. Fitz- Abortion Ban Act continues to attract words with care and precision. Listen simmons’s startling revelations, on greater and greater support in the Sen- to those words again: ‘‘Partial-birth March 4, 1997, the Washington Post ran ate is that Senators are coming to real- abortion is never medically necessary an unusually blunt editorial entitled ize that this issue really transcends to protect a mother’s health or future ‘‘Lies and Late-Term Abortions.’’ After abortion. Indeed, as one Senator who fertility.’’ recounting Mr. Fitzsimmons’ lies and did not vote for this bill the first time, Now, of course, Mr. President, as I his candid admissions that he lied, the but supported us on the veto override mentioned earlier, even the American Post editorial drew the following con- last year, Senator MOYNIHAN, put it, Medical Association, which is pro- clusion: partial-birth abortion is ‘‘too close to choice on abortion, has endorsed the Mr. Fitzsimmons’s revelation is a sharp infanticide.’’ That was a starkly truth- Partial-Birth Abortion Ban Act. So, blow to the credibility of his allies. These ful way to put it, Mr. President, and it my colleagues, if you are worried about late-term abortions are extremely difficult took courage for Senator MOYNIHAN to protecting women, listen to the words to justify, if they can be justified at all. Usu- say it. I commend him for it. of Dr. Koop and listen to the American ally pro-choice legislators such as Sen. Dan- Mr. President, another Senator who Medical Association. They are for the iel Patrick Moynihan and Representatives did not support this bill the first time Partial-Birth Abortion Ban Act be- Richard Gephardt and Susan Molinari voted around, but who also joined us on the cause partial-birth abortion is never for the ban last year. Opponents of the ban veto override vote, Senator SPECTER, necessary to protect a woman’s health. fought hard, even demanding a roll call vote also believes that partial-birth abor- Finally, Mr. President, I urge my col- on their motion to ban charts describing the procedure from the House floor. They lost. tion is more like infanticide than it is leagues who are still undecided about And they lost by wide margins when the abortion. Listen to what Senator SPEC- this bill to look at it in light of our be- House and Senate voted for the ban. They TER had to say on the Senate floor on loved Nation’s history. We all know probably will lose again this year when the September 26, 1996. ‘‘In my legal judg- those beautiful and majestic words

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4704 CONGRESSIONAL RECORD — SENATE May 20, 1997 that Thomas Jefferson wrote for our Only recently, have the opponents of nally thought and not just under cer- Declaration of Independence: ‘‘We hold this ban have admitted ‘‘lying through tain extreme circumstances which se- these truths to be self-evident, that all their teeth’’ about the facts on the verely threaten the life and the health men are created equal, that they are number of partial-birth abortions per- of the mother. In addition, an endorse- endowed by their Creator with certain formed and grounds for this horrific ment of the ban by the American Med- unalienable rights, that among these procedure. ical Association (AMA), which rep- are Life, Liberty and the pursuit of It is clear, Mr. President that this resents a large number of our Nation’s happiness.’’ practice is not necessary. Just last doctors, certainly allays some of my Mr. President, one does not have to week, the American Medical Associa- earlier concerns about this measure. In agree with my view that human life be- tion Board of Trustees said there is ‘‘no previous votes, I had opposed banning gins at conception to see that a living identified situation’’ that requires the this specific procedure; however, in baby who is in the process of being use of this procedure and as of yester- light of the fact that it is not as rare as born has, in Jefferson’s words, been en- day, endorsed this bill. The American some claimed and that there appear to dowed by her creator with the College of Obstetricians and Gyne- be other alternatives, I cannot, in good unalienable right to life. Can anyone cologists state that there are ‘‘no cir- conscience, continue to oppose a ban seriously doubt where that great Amer- cumstances under which this procedure on this specific procedure. ican, Thomas Jefferson, would stand on would be the only option to save the Due to my concern about the serious that question? life of the mother’’. health risk to the mother that can, un- Mr. President, another of America’s This is a practice that is not compas- fortunately, occur during pregnancy, I greatest leaders, Abraham Lincoln, sionate, nor is it within the bounds of voted in support of the alternative made one of the most dramatic and civilized or humane behavior. My col- measure offered by Senator DASCHLE. I prophetic statements of his life in a leagues have described it in detail, and believe that the Daschle amendment speech that he delivered on June 16, I don’t need to repeat that detail. But would have been more effective in ad- 1858. In that speech, Abraham Lincoln I do think that it is significant that dressing warranted concerns about said ‘‘I believe this government cannot those who oppose this bill generally post-viability abortions while ensuring endure permanently, half slave and speaking, talk in circumlocution, dis- that severe, serious health risks to the half free.’’ Today, Mr. President, as we guise the language, resist and object mother are taken into account. How- debate this Partial-Birth Abortion Ban not only to a description of the proce- ever, that amendment was rejected by Act in this great Capitol of the Union dure itself, but even to the title-par- the Senate. that Lincoln saved, I would say this: tial-birth abortion. They speak about Like so many West Virginians and The moral foundation of this Govern- slippery slopes rather than the proce- Americans who have heard about this ment cannot endure permanently when dure itself and attempt to avoid the specific procedure, I find it extremely even the half born are not free to live. true brutality and extreme nature of disturbing. Mr. President, I will cast Can anyone, Mr. President, really the procedure. my vote in support of H.R. 1122 to ban doubt where that moral giant, Abra- It is simple, this procedure is brutal, the partial-birth abortion procedure ham Lincoln, would have stood on the inhumane and clearly unnecessary. that is done in too many questionable question before us here today? This vote will be a defining issue about circumstances. Mr. President, let us rise to the our own society, about our feelings for Mr. DOMENICI. Mr. President, I rise moral level to which our Nation’s his- indifference to brutality, about vio- in support of the Partial-Birth Abor- tory calls us. Let us recognize the lence, about uncivilized, inhumane be- tion Ban Act of 1997. Let me first begin unalienable, God-given right to life of havior. For all of those reasons, Mr. by stating that an abundance of misin- the partially born. Let us protect the President, I am convinced that we formation has characterized the debate partially born from a brutal death. Let should pass the Partial-Birth Abortion on the partial-birth abortion proce- us be worthy of the Nation that Jeffer- Ban Act, and I deeply hope that a suffi- dure. I am deeply troubled at how abor- son helped create and that Lincoln cient majority of my colleagues will tion activists have misled the Amer- surely saved. Let us pass the Partial- vote to do that. ican public, Members of Congress, and Birth Abortion Ban Act with a two- Mr. BYRD. Mr. President, once again especially the President, on the num- thirds’ majority in the Senate and then we find ourselves addressing the very ber of partial-birth abortions per- dare President Clinton to turn his back difficult and emotional issue of partial- formed each year and the reasons for on the moral legacy of Jefferson and birth abortion. The bill the Senate is them. Lincoln. considering today would criminalize The debate on this issue reminds me Mr. GORTON. Mr. President, from the performance of the partial-birth of a variation of the old courtroom say- the time that I first became involved in abortion procedure, unless it is nec- ing: If you have the facts, then argue national politics, it has seemed to me essary to save the life of the mother. I the facts. If you have the law, then that, for mature adults, under most still have many unanswered questions argue the law. If you have neither the circumstances, the law was not an ap- about this matter, and, as I have indi- law or the facts, then don’t tell the propriate method of determining what cated in the past, I am extremely hesi- truth. are ultimately moral choices for the tant to thrust the Congress into the The proponents of the partial-birth people most intimately involved with role of the physician. I am concerned abortion have neither the facts nor the those choices. I believe that my views that this measure seemingly ignores law, so they argue with lies. probably reflect those of a majority of the Supreme Court’s determinations Ron Fitzsimmons, the executive di- the American people who believe that regarding the role of the state in ban- rector of the National Coalition of this should be a matter of an individual ning abortions pre- and post-viability Abortion Providers, which represents woman’s choice and that of close fam- and with regard to the health of the approximately 200 independently owned ily—under most cases. mother. I have also noted concerns abortion clinics across the country, re- But, Mr. President, when we talk that this might be the first step in a cently admitted in February of this about late-term abortion and when we process which may lead Congress to year, that he ‘‘lied’’ through his teeth speak specifically about partial-birth play the role of doctor again and again when he said that the procedure was abortion, we are not dealing with most and again on specific medical proce- used rarely and only on women whose cases. I think it is clear that the ma- dures. lives were in danger or whose fetuses jority of the American people, as they As in the past, I have given this issue were damaged. According to Mr. Fitz- have come increasingly to understand a great deal of thought and I have par- simmons, he ‘‘spouted the party line’’ exactly what this procedure is, are hor- ticularly considered the new informa- about the procedure—even though he rified by it. tion brought to light by Ron Fitz- believed his statements were wrong. I have been disturbed by the nature simmons of the National Coalition of In debating a procedure as grotesque of this debate, by the intentional de- Abortion Providers. His remarks made as the partial-birth abortion, the facts ceit and misinformation about the fre- clear that this particular procedure is regarding its use and necessity are im- quency and necessity of this practice. performed far more often than origi- portant. Because the facts about this

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4705 procedure are so damaging, pro-abor- partial-birth abortion bill that would the best or most appropriate procedure, tionists like Mr. Fitzsimmons, have outlaw a particular abortion procedure, depending on the woman’s particular tried to distort or withhold facts from the intact dilation and extraction, circumstances. the American people. Let me highlight sometimes called intact D&E. I do sup- Members on both sides of this debate some of the mistruths that have sur- port a ban on post-viability abortions, can cite respected physicians who will rounded this issue. if it contains important and constitu- support their positions. But precisely Proponents of the partial-birth abor- tionally required exceptions to protect because I am not a doctor, I say again tion claim that the procedure is rare— the life and health of the woman. I am that it is essential to include a health only occurring about 500 to 600 times a disappointed that the proponents of exception in any bill we pass. The point year. However this is not true. The H.R. 1122 have steadfastly refused to is, Mr. President, that there is a dis- number of partial-birth abortions is accept any amendment, no matter how pute within the medical community closer to 4,000 to 5,000 a year. In New tightly crafted, which would include about the necessity for and the risk as- Jersey alone, at least 1,500 procedures provisions to protect women’s health. sociated with intact D&E. And that is are done each year. I have said repeatedly here on the where it should be resolved. It should Proponents of the partial-birth abor- floor of the Senate, during hearings in be women and their doctors, not politi- tion also claim that the procedure is the Judiciary Committee, and at lis- cians, who decide which medical proce- necessary to save the life or health of tening sessions held across the State of dure is appropriate in those cir- the mother. This is not true. According Wisconsin that I believe that a law to cumstances where an abortion is per- to the more than 600 doctors nation- ban this controversial procedure could formed. wide who make up the Physicians’ Ad- have been enacted last year with one If some doctors believe that it is hoc Coalition for Truth, it is never simple addition—an exception that never necessary to perform an intact D medically necessary to kill an unborn would allow physicians to perform the & E on a viable fetus to protect a wom- child in the second or third trimester procedure on women whose health is at an’s health, then they would not rec- ommend such an intervention. But for of pregnancy in order to protect the risk. Such an exception, in combina- those physicians who disagree, I do not life, health, or future fertility of the tion with the bill’s existing exception think it is the place for this Senator or mother. Former Surgeon General C. to save the life of the woman, is an im- any other government entity to over- Everett Koop has stated that the ‘‘par- portant and necessary provision. I am ride that judgment. A decision regard- tial-birth abortion is never necessary sensitive to the fears of the bill’s pro- ing which medical intervention is nec- to protect a mother’s health or her fu- ponents that such an exception could essary is best decided on by individual ture fertility.’’ Even the American Col- prove to be a major loophole, and I women and their physicians, in light of lege of Obstetricians and Gynecologists agree that the health exception should their individual circumstances. has admitted that there are ‘‘no cir- be narrow. But it needs to be there. Another equally important aspect of Let me remind my colleagues that cumstances under which this procedure the Daschle alternative amendment would be the only option to save the the Supreme Court has clearly ruled was its comprehensive ban on post-via- life of the mother and preserve the that, although States have the right to bility abortions. Rather than taking health of the woman.’’ restrict post-viability abortions, excep- the approach of H.R. 1122, which would The fact is that partial-birth abor- tions must always be made to protect prohibit a single procedure, regardless tions are elective and not performed the life and health of the mother. of the stage of pregnancy, this amend- for medical reasons. As one abortion Women cannot be required to trade off ment took a broader approach. It doctor stated most of the abortions their well-being in order to increase would have protected women’s con- were performed on women who didn’t the likelihood of fetal survival. stitutional right to choose an abortion realize, or didn’t care how far along Last Thursday, I voted for the bipar- before the fetus is viable. But once the they were. tisan alternative amendment to H.R. fetus is determined by a physician to Proponents of partial-birth abortion 1122 introduced by Senator DASCHLE be viable, usually around the 24th week fail to mention that the 3-day-long pro- and others. I voted for this amendment of pregnancy, this amendment would cedure actually increases the risk of because it took a comprehensive ap- have outlawed abortion, except in the harm to the mother. After 21 weeks, an proach to banning abortions on viable situations I have already addressed, in abortion is two times as risky for the fetuses, rather than merely banning a which the woman’s life is threatened or mother as childbirth. single procedure. In addition, Mr. her health is at risk of grievous injury. Finally, proponents of the partial- President, this amendment contained This bipartisan alternative amend- birth abortion claim it is used only in the critical, constitutionally necessary ment struck the right balance between extreme cases of fetal abnormality. exception to protect the life and health protecting women’s constitutional This is not true. Mr. Fitzsimmons ad- of the woman. right to choose abortion and the right mitted that the majority of these pro- I believe that the health exception in of the State to protect future life. It cedures are performed on healthy the Daschle amendment was suffi- would have protected a woman’s phys- fetuses and healthy mothers. In a ciently narrow to satisfy most reason- ical health throughout her pregnancy, March 3, 1997, article in American Med- able people’s concerns about creating a while insisting that only grievous, ical News, Mr. Fitzsimmons admitted loophole in the law. It would have re- medically diagnoseable conditions that he called around to doctors who quired a physician to certify that con- could justify aborting a viable fetus. performed the procedure. According to tinuation of the pregnancy would Both fetal viability and women’s Mr. Fitzsimmons, ‘‘I learned right threaten the woman’s life or risk griev- health would have been determined by away that this was being done for the ous injury to her physical health. the physician’s best medical judgment, most part in cases that did not involve Grievous injury was defined in the as they must be. It was a sensible and those extreme circumstances.’’ amendment as a severely debilitating responsible amendment. It is disheartening that the debate on disease or impairment specifically Unfortunately, Mr. President, the this issue has been so clouded by misin- caused by the pregnancy, or an inabil- Daschle amendment was rejected. This formation. The simple truth is that ity to provide necessary treatment for is particularly disappointing, because partial-birth abortions are common a life threatening condition. if the underlying bill were to become and the majority of the procedures are The other side claims that abortion law, it would not prevent a single abor- performed on healthy mothers and ba- is never necessary to protect a wom- tion. It would merely deny physicians bies. an’s health. But Mr. President, I have the right to exercise their best medical On an issue as emotionally charged met women whose doctors believed dif- judgment, and it would force women in and divisive as abortion, elected offi- ferently. The American College of Ob- critical health situations who would cials have a heightened responsibility stetricians and Gynecologists supports have opted to have an intact D&E to to carefully gather the facts and to them, and has stated that although the use different, and perhaps less safe, op- vote their consciences. intact D&E procedure is never the only tions. Mr. FEINGOLD. Mr. President, I will option to save a woman’s life or pre- Finally, Mr. President, let me ad- vote against H.R. 1122, the so-called serve her health, it sometimes may be dress a related topic. We all know that

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4706 CONGRESSIONAL RECORD — SENATE May 20, 1997 this debate has unfortunately been I wanted to discuss some of the ele- tricians and Gynecologists—which opposes characterized by a great deal of misin- ments of constitutionality, and in so the bill—acknolwedges that partial-birth formation and distortion of the facts. discussing, I would like to read a letter abortion is never the ‘‘only option to save the One particular piece of misinformation life or preserve the health of the woman.’’ that was sent to Senator ORRIN HATCH, Banning this procedure does not compromise has been widely circulated by the pro- the chairman of the Judiciary Com- a mother’s health interests. It protects those ponents of this legislation, and I frank- mittee, by 62 law professors from uni- interests. ly don’t think it is helpful to a truthful versities all over the country, to state In short, while individuals may have ideo- debate. It involves the deliberate mis- to Senator HATCH their opinion on the logical or political reasons to oppose ban- interpretation of a conversation that I constitutionality of the statute. ning the partial-birth procedure, those objec- had with the junior Senator from I will remark that this letter was tions should not, in good conscience, be dis- Pennsylvania last year. written May 8, prior to the amendment guised as legal or constitutional in nature. During last year’s floor debate over that we adopted here on the bill today Mr. President, I ask unanimous con- the veto override, Senator SANTORUM which I believe tightens the language sent to have this letter printed in the and I had a brief exchange on the Sen- up even more and makes it more im- RECORD. ate floor which proponents of this leg- pregnable to constitutional overruling There being no objection, the letter islation have used to suggest that I by the courts. was ordered to be printed in the support infanticide—that is, killing an I will read the letter sent to Senator RECORD, as follows: infant after it has been fully delivered. HATCH: MAY 8, 1997. Obviously, that is untrue. I was an- DEAR SENATOR: We write to you as law pro- DEAR SENATOR: We write to you as law pro- swering the question I thought I had fessors in support of the Partial-Birth Abor- fessors in support of the Partial-Birth Abor- been asked. I was addressing the issue tion Ban Act. S 6. We do not write as par- tion Ban Act, S. 6. We do not write as par- tisans. We are both Democrats and Repub- tisans. We are both Democrats and Repub- of who should decide whether the life licans, and we are of different minds on var- or health of a woman was at risk. licans, and we are of different minds of var- ious aspects of the abortion issue. We are ious aspects of the abortion issue. We are Let me be clear, for the record. Once concerned, however, that baseless legal argu- a child has been born, there is no con- concerned, however, that baseless legal argu- ments are being offered to oppose a ban on ments are being offered to oppose a ban on ceivable argument that would suggest partial-birth abortions, and we are unani- partial-birth abortions, and we are unani- a woman’s life or health would be at mous in concluding that such a ban is con- mous in concluding that such a ban is con- risk any longer. The distortion of our stitutional. stitutional. exchange by the National Right to Life We have learned that some Senators are We have learned that some Senators are Committee and others is the kind of concerned about claims that a ban on second concerned about claims that a ban on second trimester partial-birth abortions, or a ban on tactic which undermines efforts to trimester partial-birth abortions, or a ban on third trimester procedures without a third trimester procedures without a reach an agreement that would ban ‘‘health’’ exception, would be unconstitu- late term abortions except in the most ‘‘health’’ exception, would be unconstitu- tional under Roe v. Wade and later abortion tional under Roe v. Wade and later abortion narrow of circumstances where a wom- decisions. decisions. an’s life or health is at stake. The destruction of human beings who are The destruction of human beings who are We are near the end of Senate debate partially born is, in our judgment, entirely, partially born is, in our judgment, entirely on this issue for the time being, but I outside the legal framework established in outside the legal framework established in suspect that this issue will arise again Roe v. Wade and Planned Parenthood v. Casey. Roe v. Wade and Planned Parenthood v. Casey. when this body attempts to override No Supreme Court decision, including these, No Supreme Court decision, including these, ever addressed the constitutionality of for- another Presidential veto. As we con- ever addressed the constitutionally of forbid- ding the killing of partially born children. In bidding the killing of partially born chil- tinue to engage in this volatile and dren. In fact, Roe noted explicitly that it did emotional debate, both on the Senate fact. Roe noted explicitly that it did not de- cide the constitutionality of that part of the not decide the constitutionality of that part floor and in the media, I hope we will Texas law which forbade—and still forbids— of the Texas law which forbade—and still for- make an effort to recognize that there killing a child in the process of delivery. bids—killing a child in the process of deliv- ery.1 are strong feelings about this issue on Continuing on. all sides. We should respect these dif- Even should a court in the future decide Even should a court in the future decide ferences, avoid efforts to confuse or that a law banning the partial-birth proce- that a law banning the partial-birth proce- dure is to be evaluated within the Roe/Casey trick each other and the public, and dure is to be evaluated within the Roe Casey ‘‘abortion’’ framework, we believe such a ban maintain a level of debate that reflects ‘‘abortion’’ framework, we believe such a ban would survive legal scrutiny thereunder. The the importance of ascertaining the would survive legal scrutiny thereunder. The partial-birth procedure entails mechanical truth about this issue and finding re- partial-birth procedure entails mechanical cervical dilation, forcing a breech delivery, sponses that are sensitive and constitu- cervical dilation, forcing a breech delivery, and exposing a mother to severe bleeding tionally sound. and exposing a mother to severe bleeding from exposure to shards of her child’s Mr. SANTORUM. Mr. President, we from exposure to shards of her child’s crushed skull. Before viability, an abortion are now down to 36 minutes of debate crushed skill. Before viability, an abortion restriction is unconstitutional only if it cre- on both sides. And I agreed with the restriction is unconstitutional only if it cre- ates an ‘‘undue burden’’ on the judicially es- ates a ‘‘undue burden’’ on the judicially es- other side that I would take up some of tablished right to have an abortion. A tar- tablished right to have an abortion. A tar- geted ban of a single, maternal-health-en- the time to bring down some of our geted ban of a single, maternal-health-en- dangering procedure cannot constitute such time. dangering procedure cannot constitute such a burden. I want to bring up a point, discuss a a burden. To the extent of its constitutionally dele- point that I believe is very important To the extent of its constitutionally dele- gated authority, Congress may also ban all for two reasons: No. 1, I think it is im- gated authority, Congress may also ban all forms of abortion after viability, subject to portant that Members understand the forms of abortion after viability, subject to the health and life interests of the mother. issues of constitutionality that have the health and life interests of the mother. Under the most recent Supreme Court deci- been raised by some about this legisla- Under the most recent Supreme Court deci- sion concerning abortion, Planned Parent- sion concerning abortion. Planned Parent- hood v. Casey, there is no reason to assume tion and whether it is constitutional in hood v. Casey, there is no reason to assume that the Supreme Court would interpret a light of Roe versus Wade and Doe that the Supreme Court would interpret a post-viability health exception to require versus Bolton and other decisions on post-viability health exception to require the government to tolerate a procedure the subject of abortion; and, No. 2, I the government to tolerate a procedure want to put down a marker for this which gives zero weight to the life of a par- 1 410 U.S. 113, fn. 1 (1973), citing Art. 1195, of Title piece of legislation when it does, if it tially-born child an which itself poses severe 15, Chapter 9. (Presently, this law is codified at does, any time in the near future go be- maternal health risks. Furthermore, accord- Vernon’s Ann. Texas Civ. St. Art. 4512.5.) A similar fore the courts. ing to published medical testimony, includ- ban remains in effect in Louisiana (LA. Revised I hope that by the actions of the Sen- ing that of former Surgeon General C. Ever- Statutes 14.87.1). The Texas and Louisiana statutes ett Koop ‘‘Partial-birth abortion is never are also consistent with existing case law in Cali- ate today, and hopefully the actions of medically necessary to protect a mother’s fornia. See People v. Chavez, 77 Cal. App. 2d 621 (1947) (‘‘It should equally be held that a viable child in the the President later on, that he will now health or future fertility. On the contrary, decide to sign this legislation in light process of being born is a human being within the this procedure can pose a significant threat meaning of the homicide statutes, whether or not of all the new evidence that has been to both her immediate health and future fer- the process has been fully completed.’’); accord presented since his initial veto. tility.’’ Even the American College of Obste- Keeler v. Superior Court, 2 Cal. 3d 619 (1970).

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4707 which gives zero weight to the life of a par- Marcin, The Catholic University of the Presiding Officer, have served in tially-born child and which itself poses se- America. the military in combat, and yet we are vere maternal health risks. Furthermore, ac- Michael W. McConnell, University of asked to be experts with regard to cording to published medical testimony, in- Utah College of Law; Mollie Murphy, cluding that of former Surgeon General C. issues pertaining to national security. University of Detroit Mercy School of So with this issue as well we are Everett Koop: ‘‘Partial-birth abortion is Law; Richard Myers, University of De- never medically necessary to protect a troit Mercy School of Law; Charles called upon to get the best information mother’s health or future fertility. On the Nelson, Pepperdine University School possible and seek to make the best de- contrary, this procedure can pose a signifi- of Law; Leonard J. Nelson, Associate cisions as a result. cant threat to both her immediate health Dean, Cumberland School of Law, However, now we actually have some and future fertility.’’ Even the American Samford University; Michael F. Noone, additional information that comes College of Obstetricians and Gynecologists— The Catholic University of America; from the experts who have been ref- which opposes the bill—acknowledges that Gregory Ogden, Pepperdine University partial-birth abortion is never the ‘‘only op- erenced in previous debates. The en- School of Law; John J. Potts, dorsement of the American Medical As- tion to save the life or preserve the health of Valparaiso University School of Law; the woman.’’ Banning this procedure does Stephen Presser, Northwestern Univer- sociation of the partial-birth abortion not compromise a mother’s health interests. sity School of Law; Charles E. Rice, bill, combined with the endorsement It protects those interests. University of Notre Dame Law School. and strong support of that legislation In short, while individuals may have ideo- Robert E. Rodes, Jr., University of Notre by the one Member among us who is a logical or political reasons to oppose ban- ning the partial-birth procedure, those objec- Dame Law School; Victor Rosenblum, physician, I think buttresses better tions should not, in good conscience, be dis- Northwestern University School of than virtually anything else said dur- guised as legal or constitutional in nature. Law; Stephen Safranek, University of ing this debate the case that this pro- Respectfully submitted, Detroit Mercy School of Law; Mark cedure is never needed for the medical Scarberry, Pepperdine University Rev. Robert J. Araujo, S.J., Gonzaga Law reasons that its advocates have School; Thomas F. Bergin, University School of Law; Elizabeth R. Schiltz, University of Notre Dame Law School; claimed to protect the health of the of Virginia School of Law; G. Robert mother. Blakey, University of Notre Dame Law Patrick J. Schiltz, University of Notre School; Gerard V. Bradley, University Dame Law School; Thomas L. Shaffer, So in my judgment, Mr. President, of Notre Dame Law School; Jay Bybee, University of Notre Dame Law School; we now have an overwhelming case in Louisiana State University Law Cen- Michael E. Smith, University of Cali- favor of the passage of this legislation, ter; Steven Calabresi, Northwestern fornia, Berkeley; David Smolin, Cum- legislation which will I think help us University School of Law; Paolo G. berland School of Law, Samford Uni- move in the right direction as we con- Carozza, University of Notre Dame Law versity; Richard Stith, Valparaiso Uni- sider a variety of other issues that per- versity School of Law; William J. Wag- School; Carol Chase, Pepperdine Uni- tain to abortion in the months and versity School of Law; Robert Cochran, ner, The Catholic University of Amer- ica; Lynn D. Wardle, Brigham Young years ahead. Pepperdine University School of Law; So I just wanted to once again come Teresa Collett, South Texas College of University; Fr. Reginald Whitt, O.P, Law. University of Notre Dame School of to the floor to express my support for John E. Coons, University of California, Law. the bill, and to thank the Senator from Berkeley; Byron Cooper, Associate Mr. SANTORUM. Thank you, Mr. Pennsylvania for his many efforts in Dean, University of Detroit Mercy President. furtherance of its passage. School of Law; Richard Cupp, Does the Senator from Michigan seek I thank the Senator and I yield the Pepperdine University School of Law; some time? floor. Joseph Daoust, S.J., University of De- Mr. ABRAHAM. Yes, I do. Mr. SANTORUM. I thank the Senator troit Mercy School of Law; Paul R. Mr. SANTORUM. I yield the Senator from Michigan for his statement and Dean, Georgetown University Law Cen- being here on the floor to add to the ter; Robert A Destro, The Catholic Uni- from Michigan 3 minutes. versity of America; David K. DeWolf, Mr. ABRAHAM. That would be fine. debate and for his terrific work that he Gonzaga Law School; Bernard The PRESIDING OFFICER. The Sen- has done on this issue in the past now Dobranski, Dean, The Catholic Univer- ator from Michigan. 2 years. I thank the Senator very sity of America; Joseph Falvey, Jr., Mr. ABRAHAM. Thank you very much. Assistant Dean, University of Detroit much, Mr. President. Mr. President, I do not have a speak- Mercy School of Law; Lois Fielding, I thank, again, the Senator from er at this point. University of Detroit Mercy School of Pennsylvania who is doing an out- I ask unanimous consent that when I Law. suggest the absence of a quorum the David Forte, Cleveland-Marshall College standing job to try to work with all sides on this issue. I believe the ap- time come off the other side. of Law, Cleveland State University; The PRESIDING OFFICER. Without Steven P. Frankino, Dean, Villanova proach which he has taken has been University School of Law; Edward very constructive. And now the en- objection, it is so ordered. McGlynn Gaffney, Jr., Dean, dorsement of the American Medical As- Mr. SANTORUM. Mr. President, I Valparaiso University School of Law; sociation, I think, is a further indica- suggest the absence of a quorum. The PRESIDING OFFICER. The George E. Garvey, Associate Dean, The tion that this legislation is on the clerk will call the roll. Catholic University of America; John right course. The assistant legislative clerk pro- H. Garvey, University of Notre Dame I just want to basically reiterate Law School; Mary Ann Glendon, Har- ceeded to call the roll. vard University Law School; James some points I made the other day when Mrs. BOXER. Mr. President, I ask Gordley, University of California, I spoke on this issue. At that time I re- unanimous consent that the order for Berkeley; Richard Alan Gordon, sponded to some of the arguments on the quorum call be rescinded. Georgetown University Law Center; the other side. Those arguments were The PRESIDING OFFICER (Mr. Alan Gunn, University of Notre Dame that because Members of Congress were BROWNBACK). Without objection, it is so Law School; Jimmy Gurule, University not themselves physicians somehow we of Notre Dame Law School. ordered. were not the appropriate people to be Mrs. BOXER. Mr. President, I ask Jacqueline Nolan-Haley, Fordham Uni- addressing issues with respect to par- versity School of Law; Laura what the time situation is between Hirschfeld, University of Detroit Mercy tial-birth abortion that fall within the Senator SANTORUM’s side and this side. School of Law; Harry Hutchison, Uni- area of medical procedures. The PRESIDING OFFICER. The Sen- versity of Detroit Mercy School of As I said at that time, Members of ator from Pennsylvania controls 27 Law; Phillip E. Johnson, University of Congress—many of us are not farmers, minutes, 13 seconds, and the Senator California, Berkeley; Patrick Keenan, yet we deal with agriculture issues on the other side of this argument con- University of Detroit Mercy School of here on this Senate floor. Virtually trols 27 minutes and 25 seconds. Law; William K. Kelley, University of none of us are nuclear physicists, and Mrs. BOXER. Mr. President, I yield Notre Dame Law School; Douglas W. yet we deal with nuclear issues per- Kmiec, University of Notre Dame Law myself up to 20 minutes. School; David Thomas Link, Dean, taining to nuclear weapons and issues The PRESIDING OFFICER. Without University of Notre Dame Law School; pertaining to the disposal of nuclear objection, it is so ordered. Leon Lysaght, University of Detroit waste, a variety of other highly sci- Mrs. BOXER. Mr. President, through- Mercy School of Law; Raymond B. entific issues. Only a few of us, such as out this debate we have heard both

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4708 CONGRESSIONAL RECORD — SENATE May 20, 1997 sides accuse each other of THE AMERICAN COLLEGE OF legislation prohibiting specific medical prac- misstatement and worse. We have OBSTETRICIANS AND GYNECOLOGISTS, tices, such as intact D & X, may outlaw tech- heard charges and countercharges. Washington, DC, May 19, 1997. niques that are critical to the lives and health of American women. The intervention Today, as we close down this argu- Hon. TRENT LOTT, Senate Majority Leader, of legislative bodies into medical decision ment, I am not going to engage in any Capitol Building, Washington, DC. making is inappropriate, ill advised, and of those charges and countercharges. I DEAR SENATOR LOTT: In light of the slight dangerous. am going to talk about what both sides modifications being proposed to HR 1122, the Approved by the Executive Board, January know to be fact. ‘‘Partial-Birth Abortion Ban Act of 1997,’’ we 12, 1997. Fact: This Santorum bill will outlaw wanted to take this opportunity to reiterate our opposition to this legislation. Our state- AMERICAN MEDICAL a procedure known as an intact dila- WOMEN’S ASSOCIATION, INC., tion and extraction. ment on this issue is attached. Sincerely, Alexandria, VA, May 20, 1997. Fact: This procedure is used by ob- RALPH W. HALE, MD, Hon. RICK SANTORUM, stetricians and gynecologists in cir- Executive Director. U.S. Senate, Russell Senate Office Building, cumstances where they believe it is in Washington, DC. DEAR SENATOR SANTORUM: On behalf of the STATEMENT ON INTACT DILATATION AND the best interests of the woman, to American Medical Women’s Association EXTRACTION save her life or to save her health. (AMWA), I would like to reiterate our oppo- Fact: Those very same physicians The debate regarding legislation to pro- sition to H.R. 1122, the so-called ‘‘Partial- who use this procedure oppose this bill. hibit a method of abortion, such as the legis- Birth Abortion Ban Act of 1997,’’ as amended. The American College of Gynecologists lation banning ‘‘partial birth abortion,’’ and AMWA does not endorse legislation which ‘‘brain sucking abortions,’’ has prompted and Obstetricians confirmed today that interferes with medical decisionmaking, par- questions regarding these procedures. It is ticularly when it fails to consider the health they oppose this bill. difficult to respond to these questions be- of the woman patient. Fact: This bill is opposed by the Cali- cause the descriptions are vague and do not Our opposition to this legislation is based fornia Medical Association. delineate a specific procedure recognized in on the following issues. First, we are gravely Fact: This bill is opposed by the the medical literature. Moreover, the defini- concerned that this legislation does not pro- American Medical Women’s Associa- tions could be interpreted to include ele- tect a woman’s physical and mental health, ments of many recognized abortion and oper- including future fertility, or consider other tion, an organization of women physi- ative obstetric techniques. pertinent issues such as fetal abnormalities. cians. The American College of Obstetricians and Second, this legislation would further erode Fact: This bill is opposed by the Gynecologists (ACOG) believes the intent of physician-patient autonomy forcing physi- American Nurses Association. such legislative proposals is to prohibit a cians to always avoid legislatively prohib- Fact: This bill is opposed by the Soci- procedure referred to as ‘‘Intact Dilatation ited procedures in medical decisionmaking, including in emergency situations when phy- ety of Physicians for Reproductive and Extraction’’ (Intact D & X). This proce- dure has been described as containing all of sicians and patients must base their deci- Health. the following four elements: sions on the best available information Fact: The American Medical Associa- (1) Deliberate dilatation of the cervix, usu- available to them. Third, medical care deci- tion endorsed this bill in a 4-day rever- ally over a sequence of days; sions must be left to the judgment of a sal of opinion. Having done that, they (2) Instrumental conversion of the fetus to woman and her physician without fear of have taken a position against the very a footling breech; civil action or criminal prosecution. We do doctors who handle these procedures. (3) Breech extraction of the body excepting not support the levying of civil and criminal the head; and penalties for care provided in the best inter- Fact: We have a series of women who (4) Partial evacuation of the intracranial est of the woman patient. have come forward to testify, about contents of a living fetus to effect vaginal AMWA remains committed to ensuring their pain, their grief, that this proce- delivery of a dead but otherwise intact fetus. that physicians retain authority to make dure—that would be outlawed in the Becuse these elements are part of estab- medical and surgical care decisions that are pending Santorum bill saved their lives lished obstetric techniques, it must be em- in the best interest of their patients given the information available to them. and their health, retained their fer- phasized that unless all four elements are present in sequence, the procedure is not an Sincerely, tility in many cases, and in the opinion DEBRA R. JUDELSON, MD, of their doctors was the humane proce- intact D & X. Abortion intends to terminate a pregnancy President. dure to use for all concerned. while preserving the life and health of the Fact: Most of these women, whose mother. When abortion is performed after 16 AMERICAN NURSES ASSOCIATION, photographs I have behind me, most of weeks, intact D & X is one method of termi- Washington, DC, May 20, 1997. these women who came forward to nating a pregnancy. The physician, in con- Hon. BARBARA BOXER, U.S. Senate, share their stories are very religious, sultation with the patient, must choose the most appropriate method based upon the pa- Washington, DC. and many say they are opposed to all DEAR SENATOR BOXER: I am writing to reit- tient’s individual circumstances. abortions, but they decided after all erate the opposition of the American Nurses According to the Centers for Disease Con- Association to H.R. 1122, the ‘‘Partial-Birth the facts were on the table and after trol and Prevention (CDC), only 5.3% of abor- Abortion Ban Act of 1997’’, which is being consulting their families and many tions performed in the United States in 1993, considered by the Senate this week. This leg- doctors—many went to several doctors, the most recent data available, were per- islation would impose Federal criminal pen- in many cases five or six, to try and formed after the 16th week of pregnancy. A alties and provide for civil actions against preliminary figure published by the CDC for come up with another solution to a health care providers who perform certain tragedy—they decided this was their 1994 is 5.6%. The CDC does not collect data late-term abortions. only choice after they consulted with on the specific method of abortion, so it is It is the view of the American Nurses Asso- these many doctors, with their fami- unknown how many of these were performed ciation that this proposal would involve an using intact D & X. Other data show that inappropriate intrusion of the federal gov- lies, with their clergy, and with their second trimester transvaginal instrumental God. ernment into a therapeutic decision that abortion is a safe procedure. should be left in the hands of a pregnant Several went on to have healthy Terminating a pregnancy is performed in woman and her health care provider. ANA pregnancies. Coreen Costello was some circumstances to save the life or pre- has long supported freedom of choice and eq- among them. You can see little Tucker serve the health of the mother. Intact D & X uitable access of all women to basic health in this photograph, who was born after is one of the methods available in some of services, including services related to repro- Coreen underwent the procedure. these situations. A select panel convened by ductive health. This legislation would im- ACOG could identify no circumstances under pose a significant barrier to those principles. I will quote from some of the letters which this procedure, as defined above, It is inappropriate for Congress to mandate a we have received from doctors organi- would be the only option to save the life or course of action for a woman who is already zations against the Santorum bill. preserve the health of the woman. An intact faced with an intensely personal and difficult Mr. President, I ask unanimous con- D & X, however, may be the best or most ap- decision. sent to have all these letters printed in propriate procedure in a particular cir- The American Nurses Association is the cumstance to save the life or preserve the only full-service professional organization the RECORD. health of a woman, and only the doctor, in representing the nation’s 2.2 million Reg- There being no objection, the letters consultation with the patient, based upon istered Nurses through its 53 constituent as- were ordered to be printed in the the woman’s particular circumstances can sociations. ANA advances the nursing profes- RECORD, as follows: make this decision. The potential exists that sion by fostering high standards of nursing

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4709 practice, promoting the economic and gen- should be left in the hands of a pregnant Coreen writes to us, ‘‘The birth of eral welfare of nurses in the workplace, pro- woman and her health-care provider * * * Tucker would not have been possible jecting a positive and realistic view of nurs- The American Nurses Association is without this procedure. Please give ing, and by lobbying the Congress and regu- the only full-service professional orga- other women and their families this latory agencies on health care issues affect- ing nurses and the public. nization representing the Nation’s 2.2 chance. The American Nurses Association appre- million registered nurses throughout ‘‘Let us deal with our tragedies with- ciates your work in safeguarding women’s its 53 constituent associations. out any unnecessary interference from access to reproductive health care and re- Now I want to tell you some of the our Government. Leave us with our spectfully urges members of the Senate to real life stories that have been pre- God. Leave us with our families and vote against H.R. 1122. sented to us by some of the women who our trusted medical experts.’’ Sincerely, have undergone the procedure that this GERI MARULLO, MSN, RN, bill would ban. Many have heard these I could go on. I will show you a pic- Executive Director. stories before, but they are worth re- ture of Vikki Stella, a mother of two. Mrs. BOXER. The American Medical peating because not every woman who She went through a very similar case. Women’s Association says, in part, in a has had this procedure has come for- She tried in every way to save her letter to Senator SANTORUM, ‘‘On be- ward. These stories are representative baby, but was told that her life was at half of the American Medical Women’s of those women. risk if she didn’t use this procedure. Association, I would like to reiterate I talked to you about Coreen Costello The surgery preserved her fertility. our opposition to H.R. 1122.’’ This let- pictured here with her newborn son, Here she is shown with her son Nich- ter is dated today. Tucker. She was able to have Tucker olas. She calls him our darling son, The organization does not endorse because it saved her fertility to under- Nicholas, who was born in 1995. This legislation which interferes with med- go the procedure that is banned in the was after she had undergone the proce- ical decisionmaking, particularly when Santorum bill. She is a registered Re- dure that the Santorum bill seeks to it fails to consider the health of the publican, describes herself as very reli- outlaw. woman patient. gious. She is clear that she and her So the procedure saved Vikki’s life. Our opposition is based on the following family do not believe in abortion. It preserved her family. Vikki’s situa- issues. First, we are gravely concerned that When she was pregnant, she was rushed tion was heart-wrenching. this legislation does not protect a woman’s to the emergency room because her Mothers and fathers need to be able physical and mental health, including future baby was having seizures, and found fertility, or consider other pertinent issues to make medical decisions like that such as fetal abnormalities. Second, this leg- out something was seriously wrong with their God and with their doctors, islation would further erode physician-pa- with her baby. not with Senators. We don’t belong in tient autonomy forcing physicians to always She named the baby Katherine that room. avoid legislatively prohibited procedures in Grace. This is a woman and family who medical decisionmaking, including in emer- wanted that child desperately. And to We have offered alternatives, alter- gency situations when physicians and pa- hear women like this referred to as natives that go to the heart of another tients must base their decisions on the best women who kill their babies to me is matter, which is the decision Roe v. available information * * * an absolute disgrace. Wade that is the law of the land, which That is the American Medical Wom- The baby had not been able to move basically says in the early stages of a en’s Association letter, in part. for months—not her eyelids, tongue, pregnancy a woman has the right to The American College of Obstetri- nor her lips. Her chest cavity was un- choose and the State does not have a cians and Gynecologists, after learning able to rise and fall for air, and her right to interfere. But after viability, of the opposition of the AMA, wrote a lungs and chest were left severely un- Roe says the State does have a right to letter to Senator LOTT dated yester- developed almost to the point of non- interfere. And I agree with that. day. existing. Her vital organs were atro- Senator FEINSTEIN and I offered an In light of the slight modifications being phied. The doctor told Coreen and her alternative that would have said no proposed to H.R. 1122, we wanted to take this husband that the baby would not sur- abortion after viability. But we make opportunity to reiterate our opposition to vive, and they recommended termi- two exceptions, consistent with com- this legislation. nating the pregnancy. To Coreen and passion, consistent with caring, con- They attach their statement in to Jim, this was not an option. Coreen sistent with Roe and the Court cases. which they say: wanted to go into labor naturally. She We say no abortion after viability ex- Terminating a pregnancy is performed in wanted her baby born on God’s time cept to preserve the life of the mother such circumstances to save the life or pre- and did not want to interfere. The fam- or to spare her serious adverse health serve the health of the mother. Intact D&X ily spent 2 weeks going from expert to consequences. is one of the methods available in some of expert. My colleagues on the other side have these situations * * * and only the doctor, in Again, I have heard my colleagues on consultation with the patient, based upon said, ‘‘Senator BOXER and Senator the woman’s particular circumstances can more than one occasion demean these FEINSTEIN believe in abortion on de- make this decision. women, saying, ‘‘Well, if only they had mand.’’ They have misstated our posi- Is it not interesting, an organization checked, they would have found an- tion day in and day out. What we are of obstetricians and gynecologists op- other option.’’ There are always other saying is there should be absolutely no pose this bill and have to plead the options, say my colleagues who don’t abortion after viability except to save case that they are the ones who should know anything about medicine. the life and the health of the woman. Coreen and her family were told they make this decision—not Senator That is the option that would be en- couldn’t consider inducing labor. They SANTORUM, not Senator BOXER, not dorsed, I think, by the majority of the considered a caesarean section. But the Senator COATS, not Senator FEINSTEIN, American people. The bill that is be- doctors were adamant that the risks to not Senator HELMS. This is not our job. fore us doesn’t do anything about late- her health and her life were too great. Our job is tough enough. We do not term abortion. It deals with one proce- Then Coreen finally said, ‘‘There was come close to being doctors. We have dure, a procedure that in fact doctors no reason to risk leaving my two chil- one physician in this body, but he is say is necessary to save the life and the dren motherless if there was no hope of not an obstetrician and gynecologist. health of a woman. saving Katherine Grace.’’ A letter dated today from the Amer- I would like to read parts of an opin- My colleagues, women like Coreen ican Nurses Association: ion piece that appeared in the Los An- Costello deserve our love and deserve geles Times written by Ellen Goodman. I am writing to reiterate the opposition of our support. They don’t deserve the the American Nurses Association to H.R. kind of treatment they would get if I ask unanimous consent that the en- 1122 * * * tire article be printed in the RECORD. It is the view of the American Nurses Asso- this bill becomes law. They have come ciation that this proposal would involve an forward. They were saved. But they are There being no objection, the mate- inappropriate intrusion of the federal Gov- coming forward to spare other families rial was ordered to be printed in the ernment into a therapeutic decision that the tragedy they went through. RECORD, as follows:

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4710 CONGRESSIONAL RECORD — SENATE May 20, 1997 [From the ] This is a tough-minded argument about keep in mind when we pass any legisla- CONGRESS CAN’T LEGISLATE MATERNAL those few pregnancies that have gone most tion. And that bottom line should al- HEROISM tragically awry. Pregnancy is risky. Many ways be do no harm. Do no harm. Yet, (By Ellen Goodman) women embrace heroic procedures to have we are told by physicians that this bill children. You cannot hear it in the cacophony of But the bill is not really about banning does harm. It has no exception for phy- outraged voices arguing about the so-called one procedure. If dilation and extraction is sicians who believe the banned proce- partial-birth abortion ban. But it is there. the first method banned without exceptions, dure is in the best interests of the The theme song of the abortion controversy it won’t be the last. The goals of abortion op- woman for her very survival and for is being repeated, the soundtrack replayed: Just how much are we willing to require of ponents are unequivocal. her very health. Not was the losing bill by Democrat Tom a woman for the sake of having a baby? Just My colleagues, please do not relegate Daschle a true ‘‘compromise.’’ Allowing late how much can the government force a women to a status that says their life abortions for physical, ‘‘real’’ health reasons woman to sacrifice for a fetus? and their health do not matter. Please The Senate debate has not really been but not mental health? What would that dis- look inside your hearts. Ask yourself tinction mean to a woman forced to carry an about banning an abortion method. It’s been how you would feel if your daughter about permitting exceptions to that ban. anencephalic (brainless) baby to term? We already have compromises. The Su- was told that the safest procedure in a Senators led by Pennsylvania’s Rick pregnancy turned tragically wrong was Santorum have refused to allow an exception preme Court decisions weigh the interests of even to protect the woman from serious the woman with those of the developing an intact D&E, and, yet, the doctor harm to her health. President Clinton has re- fetus. The law allows states to severely limit fearing jail refused to use it. Look in fused to sign a bill without it. abortion after viability. But at no point does your heart. Think about how you So the push for a veto-proof majority to it give the government the right to seriously would feel. You would drop to your ban this rare procedure has drawn a line as damage a woman’s health to protect a fetus. knees. You would pray to God that the clear as possible in this unrelenting and This is at the primal heart of the matter. No Congress can be allowed to legislate a doctor could use the option that was murky struggle. A line around a woman’s safe, that would save the life and the health. new flock of sacrificial women. From the beginning abortion opponents Mrs. BOXER. Mr. President, Ellen health of your daughter. And then, if have said that ‘‘health’’ is nothing but a Goodman writes: this bill was the law, you would go to loophole for women who would abort a preg- The Senate debate has not really been court to defend that doctor. But the nancy to fit into a prom dress. But pro- about banning an abortion method. It’s been rules would be stacked against him or choice supporters have countered with real about permitting exception to that ban. Sen- her. women whose bodies were at serious risk. ators led by Pennsylvania’s Rick Santorum Just read this bill. Underlying it all has been the issue of have refused to allow an exception even to My colleagues, that is the wrong way women and sacrifice. protect the woman from serious harm to her to go. These women have been saved Last week, pro-lifer Kristi S. Hamrick ar- health. * * * because this Congress didn’t outlaw the gued against any exception, saying, ‘‘Any Is it up to Congress to overrule the doctor? woman who has ever been pregnant can tell procedure that was necessary to save To overrule the ‘‘selfish’’ woman defending their lives and their health. you that every pregnancy carries potential her health? risk.’’ Indeed, women once died in pregnancy There will be other women who look and childbirth with appalling frequency. The bill is not really about banning a like this, who have families like this, But while the focus is on health, is it fair procedure. If dilation and extraction is who might be, as Ellen Goodman said, to ask whether the law can force pregnant the first method banned, without ex- sacrificed because of politics. I say that women to sacrifice more for ‘‘unborn chil- ception it won’t be the last. The goals we should save these women who are dren’’ than it can force parents to sacrifice of abortion opponents are unequivocal. relying on us to protect them. for those who are born? And, indeed, in, I thought, a good de- Imagine a different bill going through Con- This isn’t about them versus their gress. This one requires mothers and fathers bate that the Senator from Pennsyl- babies. They wanted their babies. They to give up a kidney for their child. Or maybe vania and I had on Sunday, I think he desperately wanted their babies. But in it just allows the government to extract was very straightforward about that. circumstances that no one seemed able bone marrow against their will for an ailing The Senators who have been speaking to predict, in rare circumstances, in son or daughter. on the other side of the aisle on this tragic circumstances, they needed an If such a bill got to the Senate floor, would subject all would tell you they are intact D&E. Santorum decry ‘‘the selfishness, the indi- against all abortions from the first mo- We are not doctors—not even close. vidual self-centeredness’’ of its opponents? Surely, we expect a parent to eagerly ex- ment of a pregnancy. Every speaker I have heard—I may be change bone marrow for a child’s life. But we Ellen Goodman writes: wrong on this—on the side of the would not assume the state’s right to go in We already have compromises. The Su- Santorum bill has been a man. Again, I and take it. preme Court decisions weigh the interests of may be wrong on this. But I am 99 per- ‘‘No case has ever been upheld that says the woman with those of the developing cent sure that every one of them would you can intrude on the body of a genetic par- fetus. The law allows states to severely limit support outlawing all abortions. They abortion after viability. But at no point does ent to protect a born child,’’ says Eileen do not know what it is like to find McDonagh, who raises such matters in a pro- it give the government the right to seriously vocative book, ‘‘Breaking the Abortion damage a woman’s health to protect a fetus. yourself in a desperate situation as a Deadlock.’’ Indeed, in Illinois, a court ruled This is at the primal heart of the matter. woman—as a woman. Situations like that the law could not even require a blood She concludes: Vikki’s or Coreen’s or Eileen’s, or any test to see if a relative could be a potential No Congress can be allowed to legislate a of the women who were told they need- donor. new flock of sacrificial women. ed an intact D&E to save their lives or Can the law then require a woman to suffer What does she mean, sacrificial their health. ‘‘serious health effects.’’ for the sake of a Mr. President, I have a letter dated women? That is, women who will be fetus? A central question in the abortion de- today from these women I have been bate, says McDonagh, is: ‘‘What are the sacrificed because of politics, because talking about. They have listened to means the state can use to protect the fetus? of laws that are made right here. And this debate. This is what they say: One benchmark is to ask what the means are when abortion was illegal, women died. the state can use to protect a born child.’’ There are those of us who will stand Please don’t forget us, and the stories that The issue is government intrusion: who de- brought us to Washington to meet with so cides. How much more serious is this deci- here as long as it takes to make sure many of you over the last two years. We are sion when we are talking, not about extract- we don’t go back to those dark days. just a sampling of the women and families ing bone marrow, but about losing a uterus This bill should not be about politics, who have had very wanted pregnancies go or a kidney? Is it up to Congress to overrule though, sadly, it might turn out to be. wrong, and whose doctors have wept with us the doctor? To overrule the ‘‘selfish’’ woman This bill should not be about 30-second as they explained the options that could help defending her health? misleading commercials, though, us maintain our health and our fertility. We An outraged Santorum screamed that this sadly, it might turn out to be. This bill know the truth about the so-called ‘‘partial- procedure ‘‘is killing a little baby that should not be about fear, fear of doing birth abortions’’ that you debate in Wash- hasn’t hurt anybody!’’ But the whole point of ington, because we needed the surgery that a vote about a health exception is that this the right thing, though, sadly, it might doctors call intact dilation and evacuation. fetus—however unintentionally, well or de- turn out to be. *** formed—is hurting someone: the pregnant What this should be about is at least The AMA endorsement of this legislation, woman. the basic bottom line that we should and the superficial changes added today do

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4711 not change the fact that this ban still con- saulted on every side . . . and technology very fabric of the foundation of this so- tains no provision to protect the health of often seems to replace human relationship . ciety, not endowed by government but women like us. . . the bond between healer and patient is endowed by the Creator. Over the 200- Mr. President, I ask unanimous con- ever more important. Passage of HR 1122 years-plus history of this country and sent that this letter in its entirety be would be one more step in eroding that rela- tionship. The California Medical Association of this Congress, we have had monu- printed in the RECORD, along with the is opposed to this bill and is saddened the de- mental civil rights debates, appro- following letter from the California bate appeals to the emotive, rather than the priate debates on the meaning of inclu- Medical Association, which says, in reasoning, segment of America. sion in the American experiment of part, ‘‘The California Medical Associa- Sincerely, what it means to be part of this great- tion is opposed to this bill and is sad- ROLLAND C. LOWE, M.D., est in all experiments in human his- dened that the debate appeals to the President. tory, of democracy, of being part of a emotive, rather than the reasoning, Mrs. BOXER. Mr. President, I say system which allows each individual segment of America.’’ that we need to listen to these women. the dignity of being part, an equal There being no objection, the mate- I say that we need to listen to these part, of this democracy. rial was ordered to be printed in the doctors. I say that the doctors who Great civil rights debates have taken RECORD, as follows: work with this every day of their lives place in this Chamber, the debates May 20, 1997. know best. And I hope we will vote about allowing women equal opportuni- DEAR SENATORS: Please don’t forget us, against the Santorum bill. ties, equal rights to vote, equal rights and the stories that brought us to Wash- I reserve the remainder of our time to participate in society, the rights of ington to meet with so many of you over the on this side. handicapped, reaching out and pro- last two years. We are just a sampling of the women and families who have had very want- Mr. SANTORUM. Mr. President, I viding within the American experiment ed pregnancies go wrong, and whose doctors yield to the Senator from Indiana, who to include them, the weakest of our so- have wept with us as they explained the op- has done terrific work on this issue ciety, the most disadvantaged of our tions that could help us maintain our health which deals with protecting children. society. And now we come to the weak- and our fertility. We know the truth about He has been an outstanding spokes- est of all, now we come to the most dis- the so-called ‘‘partial birth abortions’’ that person for a long time in the Senate. advantaged of all, those who have no you debate in Washington, because we need- The PRESIDING OFFICER. The Sen- voice of their own, those who have no ed the surgery that doctors call intact dila- ator from Indiana. political action committee, no caucus, tion and evacuation. We and our families stood with President Mr. COATS. Mr. President, I thank no ability to march, to speak for them- Clinton last year when he vetoed similar leg- my friend from Pennsylvania for his selves, but those who have every right islation that would have banned the surgery kind words. The real credit goes to the to be included in this great experiment that we needed. This ban would have torn Senator from Pennsylvania for his ef- in democracy. families apart, robbing us of the ability to fective and unrelenting advocacy on I do not know what the vote count is make the most private and personal deci- behalf of life. The Senator has ex- going to be this afternoon. I am obvi- sions about our own well-being. It would pressed in many, many ways and pro- ously hoping it will exceed the 67 votes have subjected women like us to unwar- vided us with many, many facts that I needed to overcome the President’s in- ranted medical risks and even greater heart- break than the loss of our precious babies think gives all of us pause and that has transigence on this issue, the President had already caused. President Clinton did given us a reason to give great delib- who pledged to the American people the right thing when he courageously vetoed eration and consideration to this most and to the Congress that he wanted this legislation and protected our health and fundamental of issues. abortion to be safe, legal and rare, the that of the women who come after us. These I also think it is appropriate to men- President who is confronted with the are decisions that can only be made by a tion the efforts of Senator SMITH of information that this is not a rare pro- woman in consultation with her family and New Hampshire who had the courage to cedure, that this is a procedure that is her doctor. Congress can’t begin to know come to this floor some time ago and done thousands and thousands of times what’s best for us as we face our own per- introduce the Senate to a procedure sonal tragedies. mostly for the convenience not of the As you consider your vote on HR1122, we none of us had ever heard of. He was woman but of the abortionist, a proce- hope that you will take a few moments to re- vilified on this floor and in the press. dure that is more convenient for the member us, and to recall that this is a bill He had the courage to raise an issue abortionist than it is recognizing con- that affects real people—American women that many didn’t want to talk about. cerns of women and certainly the and their families. Please don’t compound We have come a long way since that rights of the child to live. the tragedies of families like ours. The AMA day when Senator SMITH walked onto I do not know what that vote count endorsement of this legislation, and the su- this floor. is going to be, but win or lose, we have perficial changes added today do not change the fact that this ban still contains no provi- We are close. And we clearly have a fundamentally altered the nature of sion to protect the health of the women like majority in both the House and the this debate. Win or lose, we are now de- us. Senate now in favor of banning partial- bating the meaning of life and the Please vote ‘‘no’’ on HR1122. birth abortion. We have more than a right to life in this society, and that is Sincerely, two-thirds majority necessary to over- where the debate should have been cen- CLAUDIA CROWN ADES, ride a Presidential veto in the House, tered and where the debate needs to be COREEN COSTELLO, and we are hopeful that we can achieve centered. MARY-DOROTHY LINE, that level today. We will know at 2:15 I am pleased that we have finally ar- VIKKI STELLA, TAMMY WATTS. this afternoon. rived at this point. I do not question Mr. President, I think it is most ap- the motives of other Members, those CALIFORNIA MEDICAL ASSOCIATION, propriate that we are debating this who vote for or those who vote against. Sacramento, CA, May 20, 1997. issue on the Senate floor because we That is why I did not question the mo- Senator BARBARA BOXER, are talking about one of the most fun- tives of the minority leader when he Hart Senate Office Building, damental, if not the most fundamental, stated that he thought we ought to en- Washington, DC. of all issues that we debate on this gage in the debate on the viability of DEAR SENATOR BOXER: We have reviewed the amendments to HR 1122 and believe that floor. That is the meaning of life itself. the child. It advances the debate one they make no substantive changes to the It is a right that is guaranteed or enun- way or another. Some are skeptical legislation. While the debate over late-term ciated in our Declaration of Independ- about his efforts, about his amend- abortion is painful, both within the medical ence. It is labeled an inalienable right, ment. I do not think it is an appro- community and the general citizenry, we be- meaning it is not created by govern- priate amendment because I thought lieve these decisions must be left to physi- ment; it is not taken away by govern- the exceptions allowing the decision to cians and patients . . . acting together. ment; it is not the purview of govern- be in the hands of the abortionist him- While late-term abortions may have oc- curred inappropriately in some instances, ment. It is an inalienable right, accord- self or herself was not appropriate to they have also saved women’s lives and the ing to our Founding Fathers, the right defining the right to life. But by plac- health and well-being of many American to life being the very first enunciated, ing in the Chamber the question of via- families. In a society where values are as- written—inalienable right, part of the bility, we will now center the debate on

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4712 CONGRESSIONAL RECORD — SENATE May 20, 1997 what is the meaning of life. When does have to because abortion not only de- outstanding work and yield back what- life begin? What are the rights of that stroys the body; it extinguishes a com- ever time I have remaining. life as well as the rights of the woman? plex, developed mind. This point, I Mr. SANTORUM addressed the Chair. So I am pleased that we have arrived at think, has particular relevance in this The PRESIDING OFFICER. The Sen- this point. As I said, win or lose, we are debate on partial-birth abortion be- ator from Pennsylvania. now focusing the debate where it ought cause the very procedure itself de- Mr. SANTORUM. Mr. President, if to be. stroys the brain. Yes, it kills the body, you will notify me when I have 4 min- Several years ago, Justice O’Connor but when we understand the com- utes remaining. made the statement that Roe versus plexity of that brain, when we under- The PRESIDING OFFICER. The Sen- Wade, the decision of the Court in Roe stand the development of that brain, ator has 14 minutes and will be notified versus Wade, was on a collision course mostly fully wired at the point of ter- by the Chair when 4 minutes are re- with medical science because medical mination, we have to understand that maining. science was demonstrating to us the vi- plunging a scissors into the back of Mr. SANTORUM. I thank the Chair. I ability of life at earlier and earlier that skull and sucking out the brain thank the Senator from Indiana for his ages. Sonograms, listening to heart has enormous implications. excellent work. I want to address a beats, and the ability to perform fetal Mr. President, I ask for just 2 addi- couple issues the Senator from Cali- research, the protection of the infant tional minutes. fornia raised. in the mother’s womb, and the rights The PRESIDING OFFICER. Without One, she mentioned support of the of that infant in cases of negligence, in objection, it is so ordered. American College of Gynecologists. I cases of attempted murder, in a whole Mr. COATS. So here we are on this have 50 letters here from fellows of number of areas of the law have dem- floor debating something that is very that organization who are outraged at onstrated to us that there is a life with much in the role of the Senate. If it is the organization for the position they a heart beating within the womb of not in the role of a Senator to make have taken. We have a group of over 500 that mother, and that life deserves our moral judgments, then we might as obstetricians and gynecologists who consideration in terms of the protec- well close the place up because there is have signed on saying they are sup- tions that we give it. very little else to do. Most of what we porting the ban on partial-birth abor- Recently there has been a lot of talk do here has moral implications. There tions and are also outraged at the posi- about new discoveries of brain activity are some things that do not, but most tion taken by the board here in Wash- and a lot of focus on that, focus things do. If that is the case, then I ington that was not voted on by the brought to this floor by those who say think a lot of people are going to have general membership. we must make sure we give children to remove their names from sponsor- So I just suggest that this, as the ages zero to 3 the right opportunities ship of legislation that mandates mam- Senator from California noted but I so that their brain can develop in ways mograms for women under a certain want to reemphasize, is not speaking that medical science tells us it needs to age. Some Senators are going to have for all physicians, certainly not all ob- develop to a fully competent human to remove their names from support for stetricians and gynecologists, because being. We need to ensure that that laws that require 48-hour hospital stays we have read plenty of statements from takes place. after birth. Some Senators are going to them as to why this procedure is never What medical science is also telling have to remove their support for laws medically necessary. us and what we have not discussed on and legislation that condemns genital She went through her facts. Let me this floor is that we now know that mutilation. Are those not medical pro- tell you the first fact. This is not about brain activity exists much earlier than cedures? So if we are going to leave all abortion. This is about infanticide. we thought. Never has the conflict be- that to the world outside of this Cham- This is about taking a baby that is tween science and abortion been more ber, I think a lot of Senators are going born, in the process of being born, four- dramatic than in the recent discoveries to have to rethink their positions on a fifths outside of the mother, moving about the science of the brain. We lot of issues. outside of the mother and killing that know that a human embryo at 10 or 12 I also think it is inappropriate to baby. We can talk about abortion. I weeks after conception has astonishing suggest that this is some kind of male know the Senator likes to get it back brain activity. We know that by the conspiracy against women. I think to the issue of abortion. The reason we fifth month of gestation the brain is when the vote is taken today, we will believe, as I just read a letter from 62 fully wired, as the scientists say, with see women voting to terminate this law professors, it is not governed by the connections between neurons large- procedure. I think when the polls are Roe versus Wade is because the baby ly complete. Astounding evidence. We taken and women are addressed now has rights. It is being born. So do know that these neurons are firing throughout our society, we will find not keep focusing back on this issue of with impressive complexity once a there are as many women in opposition abortion. This is about infanticide. minute, shaping the brain itself, and to this procedure and in abhorrence of If the Senate today does not muster we know that when this process is in- this procedure as there are men. up the moral courage for 67 votes, it terrupted by malnutrition or drug It is also wrong to say that this is will be validating infanticide—not the abuse or a virus, the results can follow only some kind of a pro-life Senate woman’s right to choose, infanticide. a child its entire life, and we know that movement. There are a number of peo- As one of the listed facts, the Sen- a child may be born knowing the dis- ple here who have openly stated they ator from California said the fact is tinctive sound of its mother’s and fa- are pro-choice Senators but are voting this procedure is done by obstetricians ther’s voices. In short, our mental de- to ban this procedure. So let us tone and gynecologists acting in the best in- velopment, not just our physical devel- down the accusations and let us deal terests of the mother to save her life or opment, the mental development, the with the facts. health. That is not a fact, and we all process of learning begins well before I think the facts and medical science know that. Even people who support birth. that have been presented to us so out- the position of the Senator from Cali- If we look at the evidence—not the standingly by the Senator from Penn- fornia know that is not a fact, admit it rhetoric, not the anecdotes, but the sylvania need to be carefully consid- is not a fact. It is very difficult to get evidence, the facts—it is increasingly ered by each and every one of us. A engaged in a real debate when the evident that human life is a continuum civil right to the weakest among us, other side keeps using misinformation in which birth is really not a particu- the inalienable right to life as enun- about what is going on here. larly decisive moment. An essential ciated in the most fundamental of all Ron Fitzsimmons, the director of an part of who each of us is, who we are, the documents of democracy, our Dec- association of 200 clinics, said that 90 including the shape of our minds, is de- laration of Independence, can be hon- percent of the abortions done, partial- termined even before we are born. Even ored here today by our vote to ban this birth abortions done, are done on those who do not call themselves pro- procedure. healthy mothers and healthy babies in life have to find this a troubling expe- Mr. President, I thank the Senator the 5th and 6th months of pregnancy rience and troubling knowledge. They from Pennsylvania particularly for his for birth control reasons.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S20MY7.REC S20MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 20, 1997 CONGRESSIONAL RECORD — SENATE S4713 Now, that is not, as the Senator from what is really necessary, not to hide The PRESIDING OFFICER. Five California suggested, a procedure done behind pictures and emotional pleas minutes is remaining. by obstetricians and gynecologists. that have no basis in medical fact, in Mrs. FEINSTEIN. I thank the Chair. Let me make a parenthetical remark medical practice. Mr. President, I myself find this a there. This procedure was not invented I will give you a counterexample. sad day. In a sense, it is a watershed by an obstetrician or gynecologist. It This is a little baby girl, named Donna debate, and I very much fear it is the was invented by a family practitioner Joy Watts, who was born with first major legislative thrust to set who does abortions. Obstetricians and hydrocephaly, the same condition that this Nation back 30 years with respect gynecologists do not do this procedure. some of the children of the people Sen- to freedom of choice. This is not done in hospitals. It is done ator BOXER shared had. Her mother and I am going to speak about what free- in clinics, not by, in many cases, obste- father, Lori and Donny Watts, refused dom of choice really means. Essen- tricians and gynecologists. So to sug- to abort this child. The genetics coun- tially, to me it means that Govern- gest that this procedure is done by ob- selor and the obstetrician suggested a ment will not become involved in these stetricians and gynecologists acting in partial-birth abortion for this little most intimate decisions that a woman has to make, not become involved in the best interests of the mother and baby. They said she couldn’t survive, legislating a woman’s reproductive sys- that’s the fact is not in fact the case. she wouldn’t live. She had to go to four tem, what she must do, when she must This is done by abortionists—some of hospitals—four places—just to get this do it, and how she must do it, but that whom are obstetricians, many of whom baby delivered. They wouldn’t deliver are not—who perform in clinics, not in government will essentially leave her baby. those intimate decisions to the physi- hospitals, who do it on healthy moth- We worry so much about the right to cian, to a woman, to her faith, and to ers and healthy babies. Those are the choose. How about the right to choose medicine. And here we have the Con- facts. That is why this is such a trou- life, to give your baby a chance? Well, gress of the United States essentially bling debate today. That is why we Donny and Lori fought for this chance. saying that every woman in this coun- have seen the movement across this This baby was born finally by cesarean try who may find out in her third tri- country and in the Senate today, be- section. And, by the way, the issue of mester that she has a horribly, se- cause the alleged facts that the Sen- future fertility, we hear that a lot, verely deformed child with anomalies ator from California was offering again Lori and Donny now have another lit- incompatible with life, and if that as the truth muddy the waters a little tle baby. But this little baby was born child can be born, even if it is a major bit. But now we know what the real and hooked up to IV’s to give hydra- threat to her health, she must deliver truth is from people who support her tion to, water to, and for 3 days. These that child. position. But yet we keep hearing these doctors, who will never come to testify Unfortunately, no Member of this repeated allegations that have no basis before the Congress, all these doctors body is going to be present, no Member in reality anymore, but they still find who recommend abortion, who never of this body is going to hold that moth- themselves on the Senate floor as a de- come to justify before a peer review er’s hand and tell her that it is OK if fense for an indefensible procedure, and panel what they do, called this little she jeopardizes her health perhaps for this procedure is indefensible. baby lying there breathing a fetus for 3 the rest of her life. No Member of this Mr. President, we have heard com- days. Do you want to know what some Congress is going to be present in that ments about women who suffered with of the obstetricians and gynecologists delivery room and see a child who is in- a pregnancy that had gone tragic. Let think about little babies who are just compatible with life, a baby that may me first say that my heart goes out to not perfect? They called this baby a not have a brain, a baby that may have each and every one of the people whose fetus 3 days after it was born. It is not a brain outside the head or other major picture we have seen displayed on the a fetus, it is a baby. What they wanted physical anomalies. No Member of this floor of the Senate. I know, I know per- to do was kill this baby by stabbing her Congress will be there to see that child sonally the difficulty that these fami- in the base of her skull and suctioning delivered to live an hour, 6 hours, a lies face with a child that you hoped her brains out, and Lori and Donny day, 4 days and then die, and the wom- for and dreamed for and had something said no. an’s health may be seriously, adversely go wrong; that a life that you had Through a lot of hard work, a lot of harmed in a major way for the rest of hoped to be with and to mother and fa- pain, a lot of suffering, a lot of forcing her life. No one will be there. No one ther would be cut short. I know what them to treat her daughter because will say, ‘‘I’m so sorry, I didn’t know they went through. they wouldn’t treat her for 3 days, 51⁄2 about you when I cast this vote.’’ I am just suggesting that the fact years later, this is little Donna Joy We are all accustomed to legislating, that the women came to testify, not Watts, who is in my office right now. and when we legislate, we legislate for the doctors, tells you something about She would have been up in the gallery a majority, not for the exception. We the medical reality of what occurred. of the Senate were it not for the objec- legislate with some knowledge, or You have not seen any of these doctors tion of the Senator from California should, of what we are doing. But I who did these procedures come to the prohibiting her from being there. She think in this case, it is a very skewed U.S. Senate, the House, or anyplace in is in my office and watching this de- knowledge. It is based on a case that a public arena and talk about what bate. She is watching to see whether the distinguished Senator from Penn- they did, because they know that they the U.S. Senate is going to allow other sylvania put forward of a young woman would not stand the light of day in doctors to misinform their mommies who I believe could have and would front of any peer review. In fact, none and daddies so we won’t have other lit- have been born in any event and saying of these procedures is peer reviewed. tle Donna Joy Wattses to be with us, to that this one case typifies all mothers None of them is peer reviewed. None of ennoble us, to give us pride in our cul- that we are talking about. In fact, it these cases has been peer reviewed, ture and in our civilization, that we doesn’t. none of them. They would not open up care even for those who are like little I must express my profound dismay. to any discussion by other experts in Donna Joy—who runs around and plays My father was chief of surgery at the the field as to whether they acted cor- in my office, who colors with my kids— University of California Medical Cen- rectly. but just didn’t have the chance. ter. My husband, Bert Feinstein, was a That is the problem, you see. We hide I reserve the remainder of my time. distinguished neurosurgeon. And all behind the emotion, and it is real, trag- The PRESIDING OFFICER. Four my life, I have lived in a medical fam- ic, and I empathize, but we are hiding minutes are reserved. Who seeks time? ily. As I read the AMA’s letter, essen- behind emotion when we are talking Mrs. FEINSTEIN addressed the tially what they are doing is providing about the life and death of little ba- Chair. some protection for doctors, but they bies. We owe it to them, we owe it to The PRESIDING OFFICER. The Sen- are doing nothing to see that a wom- these mothers who are dealing with ator from California. an’s health is protected, and I feel very these tragic situations today to talk Mrs. FEINSTEIN. Mr. President, I badly about that. Both my husband and about the facts, to let the light shine ask that I be allotted such time as I my father were members of the Amer- in as to what are really the options, may consume in the remaining time. ican Medical Association.

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It would set a very undesirable prece- ics, not even performed by obstetri- They indicate their strong opposition dent if Congress were by legislative fiat to cians, invented by someone who is not to this bill. I ask unanimous consent to decide such matters. The legislative process an obstetrician. That is why the AMA include in the RECORD two letters I re- is ill-suited to evaluate complex medical pro- wrote to me yesterday supporting H.R. ceived from the California Medical As- cedures whose importance may vary with a 1122 as it now appears on the floor of sociation. particular patient’s case and with the state the U.S. Senate saying: of scientific knowledge. There being no objection, the letters CMA urges you to defeat this bill. Many of Thank you for the opportunity to work were ordered to be printed in the the patients who would seek the procedure with you toward restriction of a procedure RECORD, as follows: are already in great personal turmoil. Their we all agree is not good medicine. CALIFORNIA MEDICAL ASSOCIATION, physical and emotional trauma should not be In other words, it is not in the inter- San Francisco, CA, May 20, 1997. compounded by an oppressive law that is de- est of the health or life of the mother Senator DIANNE FEINSTEIN, void of scientific justification. to do this procedure. It is wrong to do Hart Senate Office Building, Sincerely, this procedure. It is immoral to do this Washington, DC. ROLLAND C. LOWE, procedure because you are killing a lit- DEAR SENATOR FEINSTEIN: We have re- President. tle baby. You are killing a baby that is viewed the amendments to HR 1122 and be- Mrs. FEINSTEIN. Mr. President, I fourth-fifths born, that is moving out- lieve that they make no substantive changes believe the California Medical Associa- side of its mother. How can we accept to the legislation. While the debate over tion still represents the largest group late-term abortion is painful, both within that when there are other options of physicians anywhere in this Nation. the medical community and the general citi- available? zenry, we believe these decisions must be left No one seems to care about the Con- As I suggested before, here is living to physicians and patients . . . acting to- stitution, that this bill constitutes a proof of other options available: a lit- gether. direct challenge to the Roe versus tle girl who is here today on Capitol While late-term abortions may have oc- Wade Supreme Court decision. The Su- Hill, who will be right out here by the curred inappropriately in some instances, preme Court held that in Roe, a woman they have also saved women’s lives and the elevators during that vote. I ask Mem- has a constitutional right to choose bers to go over and to look into her health and well-being of many American whether or not to have an abortion. It families. In a society where values are as- eyes, to talk to her, because if her par- saulted on every side . . . the bond between set for the different trimesters, some ents would have listened to all the ex- healer and patient is ever more important. specific limitations on that right, that pert doctors who knew what was best Passages of HR 1122 would be one more step before viability, abortion cannot be for their child, she wouldn’t be here in eroding that relationship. The California banned; after viability, the Govern- today. Medical Association is opposed to this bill ment can prohibit abortion, except She would have had this brutality, and is saddened the debate appeals to the when necessary to protect a woman’s emotive, rather than the reasoning, segment this violence, this vile procedure done life or health. on this innocent little girl who now of America. The PRESIDING OFFICER. The Sen- walks and talks and writes notes— Sincerely, ator’s time has expired. ROLAND C. LOWE, M.D., Mrs. FEINSTEIN. This bill, the bill ‘‘Donna’’ with a hand there, reaching President. before us, says the woman’s health out asking that this procedure not be doesn’t matter, it is of no consider- made available, so little girls like her, CALIFORNIA MEDICAL ASSOCIATION, little boys like her, be given a chance San Francisco, CA, May 14, 1997. ation. I must tell you, to me a woman’s health matters. It should be of direct at life. Re opposition to H.R. 1122. The Senator from California said, consideration. Senator DIANNE FEINSTEIN, these kids who are not well enough to Hart Senate Office Bldg., Washington, DC. The PRESIDING OFFICER. The Sen- make it. Who are we to decide whether DEAR SENATOR FEINSTEIN: The California ator’s time has expired. Medical Association is writing to express its Mrs. FEINSTEIN. So I will vote no they are well enough to make it? Who strong opposition to Congressional intrusion on this bill, and I really regret that are we to say they should die because into the physician-patient relationship, as this day is upon us. I thank the Chair. they are not perfect? exemplified by the above-referenced bill, Mr. SANTORUM addressed the Chair. Give them a chance. Give them the which would ban ‘‘partial-birth abortions.’’ The PRESIDING OFFICER. The Sen- dignity of being born and brought into We believe that it is wholly inappropriate for ator from Pennsylvania. this world with love, not violence and a legislature to make decisions which pre- brutality. Give them a chance. Give vent physicians from providing appropriate Mr. SANTORUM. Mr. President, I medical care to their patients. Physicians just suggest the American Medical As- them a chance. must be allowed to exercise their profes- sociation and the other hundreds of I yield the floor. sional judgment when determining which doctors understand the point that f treatment or procedure will best serve their seems to elude the Members of this RECESS patients’ medical needs. Chamber. By outlawing this procedure The obstetricians and gynecologists have they are, in fact, protecting the health The PRESIDING OFFICER. Under already eloquently expressed the medical of the mother, because this is an the previous order, the Senate will justifications for this procedure in rare but stand in recess now until the hour of very real circumstances. CMA certainly does unhealthy procedure, this is a dan- gerous procedure. This procedure, as 2:15 p.m. not advocate the performance of elective Thereupon, the Senate, at 1:01 p.m., abortions in the last stage of pregnancy. said by over 500 physicians ‘‘is never However, when serious fetal anomalies are medically necessary, in order to pre- recessed until 2:15; whereupon, the Sen- discovered late in a pregnancy, or the preg- serve a woman’s life, health or future ate reassembled when called to order nant woman develops a life-threatening med- fertility, to deliberately kill an unborn by the Presiding Officer (Mr. SMITH of ical condition that is inconsistent with con- child in the second and third trimester, New Hampshire). tinuation of the pregnancy, abortion—how- and certainly not by mostly delivering f ever heart-wrenching—may be medically necessary. the child before putting him or her to PARTIAL-BIRTH ABORTION BAN CMA respects the concern that performing death.’’ ACT OF 1997 I will quote another obstetrician/gyn- this type of abortion procedure late in a The Senate continued with consider- pregnancy is a very serious matter. However, ecologist, Dr. Camilla Hersh: political concerns and religious beliefs Any proponent of such a dangerous proce- ation of the bill. should not be permitted to take precedence dure is at least seriously misinformed about The PRESIDING OFFICER. The Sen- over the health and safety of patients. CMA medical reality or at worst so consumed by ator from North Carolina. opposes any legislation, state or federal, that narrow minded ‘‘abortion-at-any-cost’’ activ- Mr. HELMS. What is the pending denies a pregnant woman and her physician ism to be criminally negligent. business?

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