|
(詳細はPartial-Birth Abortion Ban Act of 2003, Enrolled as Agreed to or Passed by Both House and Senate ) ''(HTML)''; * (same ), from the U.S. Government Printing Office ''(PDF)''〕 PBA Ban) is a United States law prohibiting a form of late-term abortion that the Act calls "partial-birth abortion", referred to in medical literature as intact dilation and extraction.〔''Gonzales v. Carhart'', (550 U.S. ____ (2007) ). Findlaw.com. Retrieved 2007-04-19. (“The medical community has not reached unanimity on the appropriate name for this D&E variation. It has been referred to as 'intact D&E,' 'dilation and extraction' (D&X), and 'intact D&X' ....For discussion purposes this D&E variation will be referred to as intact D&E....A straightforward reading of the Act's text demonstrates its purpose and the scope of its provisions: It regulates and proscribes, with exceptions or qualifications to be discussed, performing the intact D&E procedure.”)〕 Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both." The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court, in the case of ''Gonzales v. Carhart''. ==Provisions== This statute prohibits a method of abortion that it names "partial birth abortion". The procedure described in the statute is usually used in the second trimester,〔(''Stenberg v. Carhart'' ), 530 U.S. 914 (2000), in which the Court stated: "In sum, using this law some present prosecutors and future Attorneys General may choose to pursue physicians who use D&E procedures, the most commonly used method for performing ''previability second trimester abortions''."〕 from 15 to 26 weeks,of which occur before viability. The law itself contains no reference to gestational age or viability. The present statute is directed only at a method of abortion, rather than at preventing any woman from obtaining an abortion.〔See (''Stenberg v. Carhart'' ), 530 U.S. 914 (2000), in which Justice Ginsburg stated in concurrence: "As the Court observes, this law does not save any fetus from destruction, for it targets only 'a method of performing abortion.'"〕 The statute includes two findings of Congress: The statute also provides that: Hadley Arkes commented, in an editorial in the ''National Review'', "()hat provision went even further than the law was obliged to go, for as the American Medical Association testified during the hearings, a partial-birth abortion bore no relevance to any measure needed to advance the health of any woman."〔Hadley Arkes, (Talking Partial-Birth Abortion ), National Review (October 13, 2004).〕 Citing the Supreme Court case of ''Doe v. Bolton'', some pro-life supporters have asserted that the word "health" would render any legal restriction meaningless, because of the broad and vague interpretation of "health".〔(Amicus Brief of Christian Legal Society ) in Gonzales v. Planned Parenthood (2006-08-03).〕 This was of particular concern when it came to anticipated arguments that such a definition would encompass "mental health", which some thought would inevitably be expanded by court decisions to include the prevention of depression or other non-physical conditions. Pro-choice groups object to this statute primarily because there is no exemption if the health of a woman is at risk.〔"(D&X / PBA PROCEDURES: Reactions to the 2003 federal law. )" ''ReligiousTolerance.org'' Retrieved April 18, 2007.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Partial-Birth Abortion Ban Act」の詳細全文を読む スポンサード リンク
|