Injunction On Partial Birth Abortion Ban. Ignores Fetal Pain
FOR IMMEDIATE RELEASE June 2, 2004
United States District Court Judge Phyllis Hamilton
issued a permanent injunction against the Partial
Birth Abortion Ban, which was overwhelmingly passed by
both houses of Congress and is supported by the vast
majority of Americans.
Partial birth abortion kills unborn children
during delivery by puncturing the skull and suctioning
the unbornís brains out.
Expert trial testimony has shown that the
unborn is alive during the procedure and that it is
excruciatingly painful to the unborn.
Expert testimony also confirmed that partial
birth abortion is never necessary for the physical
health of the mother.
Abortion advocates, who have argued for over 30
years that abortion is safe now that it is legal, have
suddenly argued for partial birth abortion because it
is safer than other methods.
The injunction will apply primarily to Planned
Parenthood Affiliates, who brought the suit.
Judge Hamilton rejected the bill in part
because it was deemed an undue burden.
She dismissed as irrelevant the excruciating
pain felt by the unborn during a Partial Birth
Abortion because a Dilation and Extraction (D & E)
abortion in which the child is dismembered in the
womb, would be equally painful.
This reflects the testimony of some partial
birth abortion witnesses who said that they hadnít
considered the unbornís pain nor deemed it relevant.
It is doubtful that these kinds of brutal
procedures could be performed on unborn animals
without shock and outrage.
Hamilton and Planned Parenthood believe that
this unnecessary and inhumane treatment of defenseless
and innocent human beings should be left to personal
The November election presents America with a clear
one-vote shift on the Supreme Court would allow the
ban on partial-birth abortions to be upheld.
President George W. Bush has and will continue
to appoint judges who will support this ban. He will promote a culture of life in which every child is
welcomed to life and protected in law.
John Kerry will ensure that these brutal
partial birth abortions of helpless unborn children
will continue with the full force of the federal
government and eventually, with tax payer funding. If John Kerry is elected, there will be more judges like
Phyllis Hamilton and more partial birth abortion.