In June 2000, the Supreme Court struck down similar bans in 31 states, declaring the laws unconstitutional because they were vague and did not provide exemptions to preserve the patient's health. The new bill does not contain a health exemption, claiming the procedures it describes are "never medically necessary." But it does use much more specific language to describe the procedure, and would punish doctors with fines and jail time.

Third trimester abortions make up less than one fiftieth of one percent of all abortions, and are performed only when there are serious health risks for the pregnant woman. Procedures which meet the criteria of the new ban are only done when they are the best way to preserve the pregant woman's health, such as when catastrophic malformities of the fetus make alternative procedures dangerous or impossible. Doctors are trained to determine what procedure best protects their patients' health, and doctors -- not legislators -- should make those decisions.

After meeting with women who needed late term procedures, President Clinton vetoed the first federal "partial birth abortion" ban. President Bush has promised to sign this bill.

With a weak and razor-thin pro-choice majority in the Supreme Court, this bill could be struck down as unconstitutional if enacted. If the Senate confirms just one anti-choice Supreme Court nomination by President Bush, the door will be open for this and many other medical restrictions that threaten women's health.

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