国会权力与禁止堕胎法.docVIP

Page PAGE1 PAGE  PAGE 69 Page PAGE69 73 Fordham L. Rev. 1987, * 270 of 865 DOCUMENTS Copyright (c) 2005 Fordham Law Review Fordham Law Review March, 2005 73 Fordham L. Rev. 1987 LENGTH: 22034 words NOTE: CHOOSING BALANCE: CONGRESSIONAL POWERS AND THE PARTIAL-BIRTH ABORTION BAN ACT OF 2003 NAME: Alissa Schecter* BIO: * J.D. Candidate, 2006, Fordham University School of Law; B.A., Tufts University, 2003. I would like to thank my parents for their unending support; my sisters for keeping me laughing; Aaron for his patience and limitless encouragement; and Professor Robin A. Lenhardt for her helpful feedback and guidance. SUMMARY: ... After a sleepless night despairing over this decision, Vicki and her husband decided to terminate the pregnancy with a partial-birth abortion. ... This Note argues that the PBABA is unconstitutional, advocating for congressional restraint when enacting legislation dealing with partial-birth abortion. ... Partial-birth abortion, a nonmedical term, refers to the procedure by which a physician partially delivers a fetus before aborting it. ... Moreover, when striking down the PBABA, besides focusing on the precedent set by Stenberg, the statutes lack of a health exception for the pregnant woman, its vagueness, and the undue burden it places on the pregnant woman, the Court should make explicitly clear that Congress does not have the authority to enact such legislation over partial-birth abortions. ... While the PBABAs accompanying House Report declares that the partial-birth abortion procedures affect interstate commerce, the PBABAs banned procedure accounts for only 0.17 percent of all abortions, often when the fetus could not sustain life outside the womb. ... HIGHLIGHT: The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. n1 TEXT: [*1987] Introduction Eight months into the pregnancy, tragedy hit. Vicki had picked a name for