On March 12, 2003, during the debate on S. 3, the Partial Birth Abortion Ban Act, I made the following statement in support of the Durbin amendment: Mr. President, I rise to express my strong support for the Durbin amendment. I support the…
On March 12, 2003, during the debate on S. 3, the Partial Birth Abortion Ban Act, I made the following statement in support of the Durbin amendment:
Mr. President, I rise to express my strong support for the
Durbin amendment.
I support the Durbin amendment because it is consistent
with my four principles. These are my principles: It respects
the constitutional underpinnings of Roe v. Wade. It prohibits
all post-viability abortions, regardless of the procedure
used. It provides an exception for the life and health of a
woman, which is both intellectually rigorous and
compassionate. And it leaves medical decisions in the hands
of physicians--not politicians.
The Durbin alternative addresses this difficult issue with
the intellectual rigor and seriousness of purpose it
deserves. We are not being casual. We are not angling for
political advantage. We are not looking for cover.
The Durbin amendment offers the Senate a sensible
alternative, one that would prohibit post-viability abortions
while respecting the Constitution and protecting women's
lives. I believe it is an alternative that reflects the views
of the American people.
I support the Durbin amendment because it is a stronger,
more effective approach to banning late term abortions. The
Durbin amendment respects the Constitution and the Supreme
Court's ruling in Roe v. Wade.
The Santorum bill before us does not. It is
unconstitutional.
In fact, the Supreme Court ruled in Stenberg v. Carhart
just 3 years ago that a Nebraska State law that bans certain
abortion procedures is unconstitutional. The Supreme Court
ruled it was unconstitutional for two reasons. First, it did
not include an exception for a woman's health. Second, it
does not clearly define the procedure it aims to prohibit and
would ban other procedures, sometimes used early in
pregnancy.
The bill before us, the Santorum bill, is nearly identical
to the Nebraska law the Supreme Court struck down. The
proponents of this legislation say they have made changes to
the bill to address the Supreme Court's ruling. They have
not. It still does not include an exception to protect the
health of the woman. It still does not clearly define the
procedure it claims to prohibit. Let me be clear about this.
The Santorum bill is unconstitutional.
The Santorum bill violates the key principles of Roe v.
Wade and other Court decisions. When the Court decided Roe,
it was faced with the task of defining, ``When does life
begin?'' Theologians and scientists differ on this. People of
good will and good conscience differ on this.
So the Supreme Court used viability as its standard. Once a
fetus is viable it is presumed to have not only a body, but a
mind and spirit. Therefore it has standing under the law as a
person.
The Roe decision is quite clear. States can prohibit
abortion after viability so long as they permit exceptions in
cases involving the woman's life or health. Under Roe, states
can prohibit most late term abortions. And 41 states have
done so.
In my own state of Maryland, we have a law that does just
that. It was adopted by the Maryland General Assembly. It
prohibits post viability abortions. It provides an exception
to protect the life or health of the woman, as the
Constitution requires. It also provides an exception if the
fetus is affected by a genetic defect or a serious
abnormality. This law reflects the views of Marylanders. It
was approved by the people of Maryland by referendum.
Like the Maryland law, the Durbin alternative is consistent
with Roe. It is a compassionate, Constitutional approach to
prohibiting late term abortions.
It says that after the point of viability no woman should
be able to abort a viable fetus. The only exception can be
when the woman faces a threat to her life or serious and
debilitating risk to her health as required by the
Constitution.
The Durbin amendment is stronger than the Santorum bill. It
bans all post viability abortions. Unlike the Santorum bill,
the Durbin amendment doesn't create loopholes by allowing
other procedures to be used.
I believe there is no Senator who thinks a woman should
abort a viable fetus for a frivolous, non-medical reason. It
does not matter what procedure is used. It is wrong, and we
know it. The Durbin alternative bans those abortions. It is a
real solution.
On the other hand, Senator Santorum's bill does not stop a
single abortion. It does not ban all late term abortions. It
bans certain procedures and diverts doctors to other
procedures. This approach is both hollow and ineffective. It
bans procedures that may be the safest for a woman's health.
But let me be clear. Under Santorum, late term abortions
would still be allowed to happen.
It does not make late term abortions more rare. It makes
them more dangerous. And for that reason, the Santorum
approach is ineffective.
The Durbin amendment provides a tough and narrow health
exception that is both intellectually rigorous and
compassionate. It will ensure that women who confront a grave
health crisis late in a pregnancy can receive the treatment
they need. The Durbin amendment defines such a crisis as a
``severely debilitating disease or impairment caused or
exacerbated by pregnancy'' or ``an inability to provide
necessary treatment to a life-threatening condition.''
And we don't leave it up to her doctor alone. We require
that a second, independent physician also certify that the
procedure is the most appropriate for the unique
circumstances of the woman's life.
I want to be very clear in this. The Durbin amendment does
not create a loophole with its health exception. We are not
loophole shopping when we insist that an exception be made in
the case of serious and debilitating threats to a woman's
physical health. This is what the Constitution requires--and
the reality of women's lives demands.
Let's face it. Women do sometimes face profound medical
crises during pregnancy. Breast cancer, for example, occurs
in one in 3,000 pregnancies. In some unfortunate
circumstances, pregnant women in their second trimester
discover lumps in their breasts and are diagnosed with
invasive breast cancer. Continuing the pregnancy--and
delaying medical treatment--would put a woman's health in
grave danger.
The Durbin amendment recognizes that to deny a woman in a
situation like this access to the abortion that could save
her life and physical health would be unconscionable. To deny
her other children a chance to know a healthy mother would be
unconscionable.
When the continuation of the pregnancy is causing profound
health problems, a woman's doctor must have every tool
available to respond. I readily acknowledge that the
procedure described by my colleagues on the other side is a
grim one. I do not deny that. But there are times when the
realities of women's lives and health dictates that this
medical tool be available.
I support the Durbin alternative because it leaves medical
decisions up to doctors, not legislators. It relies on
medical judgement, not political judgement about what is best
for a patient.
Not only does the Santorum bill not let doctors be doctors,
it criminalizes them for making the best choice for their
patients.
Under this bill, a doctor could be sent to prison for up to
two years for doing what he or she thinks is necessary to
save a woman's life or health. I say that's wrong.
In fact, those who oppose the Durbin amendment say it is
flawed precisely because it leaves medical judgements up to
physicians. Well, who else should decide? Would the other
side prefer to have the government make medical decisions?
I disagree with that. I believe we should not substitute
political judgement for medical judgement. We need to let
doctors be doctors. This is my principle whether we are
talking about reproductive choice or any health care matter.
Physicians have the training and expertise to make medical
decisions. They are in the best position to recommend what is
necessary or appropriate for their patients. Not bureaucrats.
Not managed care accountants. And certainly not legislators.
The Durbin amendment provides sound public policy, not a
political soundbite. It is our best chance to address the
concerns many of us have about late term abortions.
Today we have an opportunity today to do something real. We
have an opportunity to let logic and common sense win the
day. We have an opportunity to do something that I know
reflects the views of the American people. Today, we can pass
the Durbin amendment.
We can say that we value life, and that we value our
Constitution. We can make clear that a viable fetus should
not be aborted. We can say that we want to save women's lives
and protect women's health.
The only way to do this is to vote for the Durbin
amendment. I urge my colleagues to support it.