Passing Partial Birth

Published October 3, 2003 10:00am ET



YESTERDAY, by a vote of 281-142, the House gave final approval to a bill that will ban partial-birth abortion in all 50 states. Bill Clinton vetoed similar bills passed by Congress in 1995 and 1999, but George W. Bush says he will sign the bill into law. But will it hold up before the Supreme Court? While the new bill is identical to one the House passed in July 2002 (but was buried by the Democratic Senate) it features two changes from earlier versions that were added in response to the Supreme Court’s ruling in Stenberg v. Carhart, which overturned a Nebraska law banning the procedure. (The Harkin amendment, an expression of support for Roe v. Wade that was narrowly adopted by the Senate in an early version of the bill this year was dropped from the final bill by the House-Senate Conference Committee Wednesday night.)

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