Many abortion rights advocates see legislation against partial birth abortion as a direct attack on the rights established in Roe vs. Wade, and that any ban would lead to further attacks on abortion rights. In reality, the procedure lies somewhere between abortion and infanticide so its legality was not established in Roe vs. Wade.

      The method was adopted for fetuses 20 weeks and beyond because it is extremely difficult to dismember and decapitate larger fetuses within the uterus. With partial birth abortion, the child is delivered feet first until the skull lodges at the opening of the uterus. "The surgeon then forces the scissors into the base of the skull or into the foramen magnum. Having safely entered the skull, he spreads the scissors to enlarge the opening. The surgeon removes the scissors and introduces a suction catheter into this hole and evacuates the skull contents".

      If the ban on partial birth abortions is overruled, it will probably be on the basis that no exceptions were made for when the health of the mother is at stake. Dr. Haskell, who developed the procedure, has admitted that 80% of those he performed were purely elective. The 20% done for "serious moral reasons" include fetal cleft lip and "health of the mother" issues such as depression, chicken pox, vomiting, and agoraphobia (fear of open places).

      In rare cases, pregnancy can become a threat to the mother's life. Even under those extreme circumstances what is required is separation of the fetus from the mother, not ending the life of the fetus. Since at the later stages of pregnancy the fetus is viable (able to survive outside the uterus) it is usually possible for modern medicine to preserve the child's life after delivery.

      Not only is partial birth abortion never necessary to preserve the life of the mother, banning the procedure does not impose undue burden on a woman seeking to end a pregnancy. Once the child is partially born the woman is no longer impregnated except for the child's head. At this point it is not a serious burden on the mother for the baby to be removed completely and allowed to live. After all, the Supreme Court gave women the right to an empty womb, not a dead fetus.

      Frank is Annie's oldest son. 

Frank Janes