Word: partiality
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Nebraska defines a "partial-birth abortion" as a procedure in which someone "performing the abortion partially delivers vaginally a living unborn child before killing the child and completing the delivery." However, "partial-birth abortion" is a misleading term--as well as a non-medical one--because the Nebraska law and the popular debate applies only to pre-viability abortions in which the fetus is unable to live outside the womb and therefore could not be "born" and survive...
...last year, the United States Court of Appeals for the Eighth Circuit, in St. Louis, ruled that the statute's language was broad enough to encompass the D&E procedure, imposing an "undue burden" on the woman seeking an abortion. Most of the lower federal courts that have addressed partial-birth abortion bans have ruled based on the "undue burden" standard. Because it has been applied unevenly in the lower courts, the Supreme Court took the case primarily in order to clarify the standard in its ruling...
Last Tuesday the Supreme Court heard the case of Stenberg v. Carhart. Its ruling will determine the constitutionality of laws prohibiting so-called "partial-birth" abortions. While we are hopeful that the Nebraska law will be overturned, the debate is a reminder of the continued attacks upon a woman's right to choose...
...Leroy Carhart, the man challenging the Nebraska law, is a 58-year old retired Air Force lieutenant colonel. When the Nebraska legislature passed a law against performing partial-birth abortions--in fact a procedure medically known as dilation and extraction (D&X)-- Carhart found himself facing 20 years in jail for performing these abortions. That's twice the jail time he would have faced for performing abortions before Roe v. Wade. Carhart is the only doctor in Nebraska who will perform abortions in the second-trimester, before the fetus is viable. Roe v. Wade already allows states...
...vague enough to call into question whether D&E would be legal under the law, meaning that the law potentially bans any first or second trimester abortions. The Nebraska legislature actually voted down an amendment that would specifically ban D&X abortions instead of the vaguely worded "partial birth" abortion. The reason: Banning only the D&X procedure was not the intent of the bill's sponsors--the idea was to stop almost all abortions from being performed...