[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 776 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 776
To provide that human life shall be deemed to exist from conception.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2005
Mr. Paul (for himself, Mr. Garrett of New Jersey, and Mr. Bartlett of
Maryland) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide that human life shall be deemed to exist from conception.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctity of Life Act of 2005''.
SEC. 2. FINDING AND DECLARATION.
(a) Finding.--The Congress finds that present day scientific
evidence indicates a significant likelihood that actual human life
exists from conception.
(b) Declaration.--Upon the basis of this finding, and in the
exercise of the powers of the Congress--
(1) the Congress declares that--
(A) human life shall be deemed to exist from
conception, without regard to race, sex, age, health,
defect, or condition of dependency; and
(B) the term ``person'' shall include all human
life as defined in subparagraph (A); and
(2) the Congress recognizes that each State has the
authority to protect lives of unborn children residing in the
jurisdiction of that State.
SEC. 3. LIMITATION ON APPELLATE JURISDICTION.
(a) In General.--Chapter 81 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1260. Appellate jurisdiction; limitation
``Notwithstanding the provisions of sections 1253, 1254, and 1257,
the Supreme Court shall not have jurisdiction to review, by appeal,
writ of certiorari, or otherwise, any case arising out of any statute,
ordinance, rule, regulation, practice, or any part thereof, or arising
out of any act interpreting, applying, enforcing, or effecting any
statute, ordinance, rule, regulation, or practice, on the grounds that
such statute, ordinance, rule, regulation, practice, act, or part
thereof--
``(1) protects the rights of human persons between
conception and birth; or
``(2) prohibits, limits, or regulates--
``(A) the performance of abortions; or
``(B) the provision of public expense of funds,
facilities, personnel, or other assistance for the
performance of abortions.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 81 of title 28, United States Code, is amended by adding at
the end the following new item:
``1260. Appellate jurisdiction; limitation.''.
SEC. 4. LIMITATION ON DISTRICT COURT JURISDICTION.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1370. Limitation on jurisdiction
``Notwithstanding any other provision of law, the district courts
shall not have jurisdiction of any case or question which the Supreme
Court does not have jurisdiction to review under section 1260 of this
title.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 85 of title 28, United States Code, is amended by adding at
the end the following new item:
``1370. Limitation on jurisdiction.''.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act shall take effect on the date of the
enactment of this Act, and shall apply to any case pending on such date
of enactment.
SEC. 6. SEVERABILITY.
If any provision of this Act or the amendments made by this Act, or
the application of this Act or such amendments to any person or
circumstance is determined by a court to be invalid, the validity of
the remainder of this Act and the amendments made by this Act and the
application of such provision to other persons and circumstances shall
not be affected by such determination.
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