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Encyclopedia > Intact dilation and extraction
Intact dilation and extraction
(IDX, intact D&X, et al.)
Background
Abortion type Surgical
First use 1983
Gestation >16 weeks
Usage
United States 0.17% (2000)
Infobox references

Intact dilation and extraction (IDX or intact D&X), also known as intact dilation and evacuation (intact D&E), dilation and extraction (D&X), intrauterine cranial decompression and in the United States as partial birth abortion, is a surgical abortion wherein an intact and usually viable fetus is removed from the womb via the cervix. The procedure may also be used to remove a deceased fetus that is developed enough to require dilation of the cervix for its extraction.[1] Image File history File links Gnome-globe. ... Gestational age is age of a fetus (or newborn infant) from presumed conception. ... “Unborn child” redirects here. ... The uterus or womb is the major female reproductive organ of most mammals, including humans. ... Schematic frontal view of female anatomy The cervix (from Latin neck) is the lower, narrow portion of the uterus where it joins with the top end of the vagina. ...


Though the procedure has had a low rate of usage, representing 0.17% (2,232 of 1,313,000) of all abortions in the United States in 2000 according to voluntary responses to an Alan Guttmacher Institute survey,[2] it has developed into a focal point of the abortion debate. In the United States, intact dilation and extraction was made illegal under some circumstances by the Partial-Birth Abortion Ban Act, which the U.S Supreme Court upheld in the case of Gonzales v. Carhart. The Alan Guttmacher Institute is a research institute that provides global and U.S. specific demographic statistics on reproductive matters such as birth control and abortion. ... Issues of discussion The abortion debate can be found in every level of politics and ethics. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... The majority of information on this page is speculative. ...

Contents

Etymology

The term dilation and extraction, or D&X, was coined by Cincinnati physician W. Martin Haskell, MD in a monograph that was distributed by the National Abortion Federation in September of 1992.[3] Haskell's term was a variation on intact dilation and evacuation (shortened to intact D&E), the term preferred by Dr. James McMahon, who developed the procedure in 1983 as an alternative to dilation and evacuation or D&E.[4] Dr. Martin Haskell is a Cincinnati physician who, in 1992, first described an abortion procedure clinically known as intact dilation and extraction (IDX or Intact D&X) and often described by critics of the procedure using the controversial term partial-birth abortion. ... The National Abortion Federation (NAF) is an organization of abortion providers. ... Dilation and evacuation is a form of abortion using dilation and evacuation. ...


The American College of Obstetricians and Gynecologists (ACOG) has settled on the term intact dilation and evacuation (intact D&E) for this procedure.[5] The much smaller American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG) contends that this was a contrived attempt by ACOG to legitimize the abortion technique in question, by wedding it to "D&E" (a long-recognized procedure) using a sort of legitimacy by association.[6] The American Medical Association (AMA) has settled on the term intact dilation and extraction (intact D&X) for this procedure.[7] The American College of Obstetricians and Gynecologists (ACOG) is a professional association of medical doctors specializing in obstetrics and gynecology in the United States. ... The American Association of Pro-Life Obstetricians and Gynecologists or AAPLOG was originally put together in 1957 by a group of Gynecologists in Pittsburgh lead by Dr. William Hartherford. ... Dilation and evacuation is a form of abortion using dilation and evacuation. ... The American Medical Association (AMA) is the largest association of medical doctors in the United States. ...


Intact D&X surgery

Methods of abortion
Part of the abortion series
Surgical
Medical

According to the American Medical Association, this procedure has four main elements.[8] First, the cervix is dilated. Second, the fetus is positioned for a footling breech. Third, the fetus is delivered except for the head. Fourth, brain of the living fetus is evacuated and crushed so that a dead but otherwise intact fetus is delivered via the vagina. Vacuum or suction aspiration abortion is a form of abortion using aspiration. ... Dilation and evacuation is a form of abortion using dilation and evacuation. ... Dilation (dilatation) and curettage literally refers to the dilation (opening) of the cervix and surgical removal of the contents of the uterus. ... Hysterotomy abortion is a form of abortion, similar to a caesarian abortion. ... Instillation abortion is a method of induced abortion used between 16th and 24th week of pregnancy. ... Menstrual extraction is both a surgical abortion method and a menstrual hygiene technique, by which either an entire menstrual period may be removed in a few minutes, or a blastocyst or small embryo--without confirmation of pregnancy. ... Abortion, in its most common usage, refers to the voluntary or induced termination of a pregnancy, generally through the use of surgical procedures or drugs. ... Spontaneous: Miscarriage Debate & social issues Breast cancer · Crime effect Crisis pregnancy centers Fetal pain · Religion · Mental health Pro-choice · Pro-life Selective abortion and infanticide Unsafe abortion · Violence History of abortion This box:      Mifepristone is a synthetic steroid compound used as a pharmaceutical. ... Misoprostol is a drug that is United States Food and Drug Administration (FDA)-approved for the treatment and prevention of stomach ulcers. ... The American Medical Association (AMA) is the largest association of medical doctors in the United States. ... Schematic frontal view of female anatomy The cervix (from Latin neck) is the lower, narrow portion of the uterus where it joins with the top end of the vagina. ... Cervical dilation is the dilation (widening) of the cervix during childbirth. ... “Unborn child” redirects here. ... Breech, by W.Smellie, 1792 A breech birth (also known as breech presentation) refers to the position of the baby in the uterus such that it will be delivered buttocks first as opposed to the normal head first position. ... In animals, the brain or encephalon (Greek for in the head), is the control center of the central nervous system, responsible for behaviour. ... The vagina, (from Latin, literally sheath or scabbard ) is the tubular tract leading from the uterus to the exterior of the body in female placental mammals and marsupials, or to the cloaca in female birds, monotremes, and some reptiles. ...


Usually, preliminary procedures are performed over a period of two to three days, to gradually dilate the cervix using laminaria tents (sticks of seaweed which absorb fluid and swell). Sometimes drugs such as synthetic pitocin are used to induce labor. Once the cervix is sufficiently dilated, the doctor uses an ultrasound and forceps to grasp the fetus' leg. The fetus is turned to a breech position, if necessary, and the doctor pulls one or both legs out of the birth canal, causing what is referred to by some people as the 'partial birth' of the fetus. The doctor subsequently extracts the rest of the fetus, usually without the aid of forceps, leaving only the head still inside the birth canal. An incision is made at the base of the skull, scissors are inserted into the incision and opened to widen the opening[9], and then a suction catheter is inserted into the opening. The brain is suctioned out, which causes the skull to collapse and allows the now dead fetus to pass more easily through the birth canal. The placenta is removed and the uterine wall is vacuum aspirated using a suction curette.[10] Species Laminaria japonica . ... Pitocin is the synthetic version of the hormone oxytocin, which is produced by pregnant women to cause the uterine contractions that precipitate childbirth. ... Plastic forceps are intended to be disposable Forceps are a handheld, hinged instrument used for grasping and holding objects. ... “Unborn child” redirects here. ... Breech, by W.Smellie, 1792 A breech birth (also known as breech presentation) refers to the position of the baby in the uterus such that it will be delivered buttocks first as opposed to the normal head first position. ... For other uses of the word head, see head (disambiguation). ... Human female internal reproductive anatomy The vagina (from the Latin for sheath or scabbard ) is the tubular tract leading from the uterus to the exterior of the body in female mammals, or to the cloaca in female birds and some reptiles. ... Catheter disassembled In medicine, a catheter is a tube that can be inserted into a body cavity, duct or vessel. ... In animals, the brain or encephalon (Greek for in the head), is the control center of the central nervous system, responsible for behaviour. ... It has been suggested that temporal fenestra be merged into this article or section. ... The placenta is an ephemeral (temporary) organ present in female placental vertebrates during gestation (pregnancy), but a placenta has evolved independently also in other animals as well, for instance scorpions and velvet worms. ... The uterus or womb is the major female reproductive organ of most mammals, including humans. ... Suction-aspiration abortion is a form of abortion using aspiration. ... Noun A spoon-shaped surgical instrument for cleaning a diseased surface. ...


Circumstances and reasons for this procedure

IDX, along with dilation and evacuation (D&E), early induction of labor, and rare procedures such as saline abortion, are only used in the late stages of pregnancy. Late-term abortions at 21 weeks or later account for 1.4% of all abortions in the USA.[11] Intact D&X procedures are used in approximately 15% of those late-term abortion cases. This calculates to between 2,500 and 3,000 per year, using data from the Alan Guttmacher Institute for the year 2000. They are typically performed between the twentieth and twenty-fourth week of pregnancy when a fetus is usually capable of survivinig outside the womb.[12] Dilation and evacuation is a form of abortion using dilation and evacuation. ... Induction is a way of artificially bringing on labour in a woman. ... Instillation abortion is a method of induced abortion used between 16th and 24th week of pregnancy. ... This article needs additional references or sources for verification. ... Late-term abortions are abortions which are performed during the late stages of pregnancy. ... The Alan Guttmacher Institute is a research institute that provides global and U.S. specific demographic statistics on reproductive matters such as birth control and abortion. ...


Women choose to have late-term abortions for a variety of reasons. Once a pregnant woman has made the decision to have a late-term abortion, she or a doctor may choose IDX over deliveriing a live baby or other available late-term abortion procedures because: Abortion in the United States is a highly-charged issue with significant political and ethical debate. ...

  • Although a woman may experience contractions, she does not have to experience labor.[13]
  • IDX is an outpatient procedure; the woman does not have to be hospitalized.[13]
  • The woman does not have to undergo abdominal surgery.[14]
  • The procedure results in a largely intact body over which the parents may grieve.[15]
  • Instruments are inserted into the uterus fewer times than in a D&E abortion, potentially reducing the risk of uterine tearing.[16]
  • The fetus may have hydrocephalus, where the head may expand to a radius of up to 250% of a normal skull at birth, making it impossible for it to pass through the cervix. If live birth is desired, the physician may drain the excess fluid in utero using a syringe,[17] or a caesarian section may be done as soon as amniocentesis indicates lung maturity.[18] If abortion is desired, D&X may be the simplest procedure.[13]

Reasons a woman or physician may not choose IDX, opting instead for another abortion procedure, include: In medicine (obstetrics), a contraction is a forceful motion of the uterus, generated by the release of oxytocin (quick labor) by the pituitary gland, culminating in childbirth. ... The term abdominal surgery broadly covers surgical procedures that involve opening the abdomen. ... The uterus or womb is the major female reproductive organ of most mammals, including humans. ... It has been suggested that temporal fenestra be merged into this article or section. ... Schematic frontal view of female anatomy The cervix (from Latin neck) is the lower, narrow portion of the uterus where it joins with the top end of the vagina. ... A live birth of a human being occurs when a fetus is expelled and separated from the mothers body and subsequently shows some sign of life, such as voluntary movement, heartbeat, or pulsation of the umbilical cord, but for however brief thistime. ... The Doctor by Luke Fildes This article is about the term physician, one type of doctor; for other uses of the word doctor see Doctor. ... A caesarean section (cesarean section AE), is a surgical incision through a mothers abdomen (laparotomy) and uterus (hysterotomy) to deliver one or more fetuses. ...

  • IDX requires a larger dilation of the cervix than D&E.[16]
  • Podalic version (turning the fetus into a breech position) can be dangerous to the woman.[17]
  • The incision in the fetal skull is made blind; the physician may miss and injure the woman's cervix.[17]

"Partial-birth abortion"

The term "partial-birth abortion" is primarily used in political discourse — chiefly regarding the legality of abortion in the United States.[19] This term was first suggested in 1995 by pro-life congressman Charles T. Canady, while developing the original proposed Partial-Birth Abortion Ban.[20][21] Keri Folmar, the lawyer responsible for the bill's language, says the term developed in early 1995 in a meeting between her, Charles T. Canady, and National Right to Life Committee lobbyist Douglas Johnson.[15] Canady could not find this particular abortion practice named in any medical textbook, and therefore he and his aides named it.[22] "Partial-birth abortion" was first used in the media on 4 June 1995 in a Washington Times article covering the bill.[23] Abortion in the United States is a highly-charged issue with significant political and ethical debate. ... A Congressman or Congresswoman (generically, Congressperson) is a politician who is a member of a Congress. ... Charles Terrance Canady (born June 22, 1954) was a Republican member of the United States House of Representatives from Florida. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... The National Right to Life Committee is a right to life/pro-life organization, that was founded in in Detroit as a non-sectarian, non-partisan group, opposed to abortion, euthanasia and infanticide. ... June 4 is the 155th day of the year (156th in leap years) in the Gregorian calendar. ... Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... The Washington Times is a daily newspaper published in Washington, D.C.. It was founded in 1982 as a conservative alternative to the Washington Post by members of the controversial Unification Church. ...

The signing of the Partial-Birth Abortion Ban Act was seen as a political victory for the pro-life movement, though the law was soon declared unconstitutional by some federal courts. It was eventually upheld by the Supreme Court in a 5-4 decision.
The signing of the Partial-Birth Abortion Ban Act was seen as a political victory for the pro-life movement, though the law was soon declared unconstitutional by some federal courts. It was eventually upheld by the Supreme Court in a 5-4 decision.

In the U.S., a federal statute defines "partial-birth abortion" as any abortion in which the fetus is extracted "past the navel [of the fetus] . . . outside the body of the mother," or "in the case of head-first presentation, the entire fetal head is outside the body of the mother," in order to cause death of the fetus. The U.S. Supreme Court has held that the terms "partial-birth abortion" and "intact dilation and extraction" are basically synonymous.[24] However, there are cases where the terms do not overlap. For example, the IDX procedure may be used to remove a deceased fetus (e.g. due to a miscarriage or feticide) that is developed enough to require dilation of the cervix for its extraction.[1] Removing a dead fetus does not meet the federal legal definition of "partial-birth abortion," which specifies that partial live delivery must precede "the overt act, other than completion of delivery, that kills the partially delivered living fetus."[25] Additionally, a doctor may extract a fetus past the navel and then "disarticulate at the neck". This does not result in an intact body and so is not an intact dilation and extraction.[15] However, it does meet the legal definition of partial-birth abortion. Image File history File links Signing_the_Partial-Birth_Abortion_ban. ... Image File history File links Signing_the_Partial-Birth_Abortion_ban. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... Miscarriage or spontaneous abortion is the natural or accidental termination of a pregnancy at a stage where the embryo or the fetus is incapable of surviving, generally defined at a gestation of prior to 20 weeks. ... Abortion, in its most common usage, refers to the voluntary or induced termination of pregnancy, generally through the use of surgical procedures or drugs. ...


In addition to the federal ban, there have also been a number of state partial-birth abortion bans. There, courts have found that state legislation (rather than federal legislation) intended to ban "partial-birth abortions" could be interpreted to apply to some non-intact dilation and evacuation (D&E) procedures.[26] Though sometimes performed during the same developmental stage wherein most IDX procedures are done, non-intact D&E is a separate procedure. Dilation and evacuation is a form of abortion using dilation and evacuation. ...


There is debate over use of the term "partial-birth abortion". Those who oppose the term consider it a political term used to frame the argument in a way which is favorable to those who seek greater legal restrictions, or a total ban, on this or all abortion procedures, and have called the alleged political framing "partial truth abortion".[27] In media studies, sociology and psychology, framing is a process of selective control over the individuals perception of the meanings attributed to words or phrases. ...


Controversy

Partial Birth Abortion is a target of pro-life advocates who believe the procedure illustrates their contention that abortion, and especially late-term abortion, is immoral. Critics consider the procedure tantamount to infanticide as usually the fetus is viable and able to live outside the womb,[28] or murder, a position which many in the pro-life movement extend to cover all abortions.[29] Some advocates, both for and against abortion rights, see the IDX issue as a central battleground in the wider abortion debate, representing an attempt to set a legal precedent so as to gradually erode access to all abortion methods.[30] Late-term abortions are abortions which are performed during the late stages of pregnancy. ... In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ...


Dr. Martin Haskell has called the IDX procedure "a quick, surgical outpatient method" for late second-trimester and early third-trimester abortions.[3] The Partial-Birth Abortion Ban Act of 2003 describes it as "a gruesome and inhumane procedure that is never medically necessary."[31] Martin Haskell is a Dayton physician who, in 1992, first described an abortion procedure clinically known as intact dilation and extraction (IDX or Intact D&X) and often described by critics of the procedure using the controversial term partial-birth abortion. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ...


According to a BBC report about the U.S. Supreme Court's decision in Gonzales v. Carhart, "government lawyers and others who favour the ban, have said there are alternative and more widely used procedures that are still legal - which involves dismembering the foetus in the uterus."[32] An article in Harper's magazine stated that, "Defending the Partial-Birth Abortion Ban... requires arguing to judges that pulling a fetus from a woman's body in dismembered pieces is legal, medically acceptable, and safe; but that pulling a fetus out intact, so that if the woman wishes the fetus can be wrapped in a blanket and handed to her, is appropriately punishable by a fine, or up to two years' imprisonment, or both."[15] The U.S. Supreme Court has stated that intact D&X remains legal as long as there is first an "injection that kills the fetus."[1] The British Broadcasting Corporation, which is usually known as the BBC, is the largest broadcasting corporation in the world in terms of audience numbers, employing 26,000 staff in the United Kingdom alone and with a budget of more than GB£4 billion. ... The majority of information on this page is speculative. ... An issue of Harpers Magazine from 1905 Another issue, from November 2004 Harpers Magazine (or simply Harpers) is a monthly general-interest magazine covering literature, politics, culture, finance, and the arts from a progressive, moderate left perspective in a fashion often not found in the ordinary news...


There is also controversy about why this procedure is used. Although prominent defenders of the method asserted during 1995 and 1996 that it was used only or mostly in acute medical circumstances, Ron Fitzsimmons, executive director of the National Coalition of Abortion Providers (a trade association of abortion providers), told the New York Times (Feb. 26, 1997): "In the vast majority of cases, the procedure is performed on a healthy mother with a healthy fetus that is 20 weeks or more along."[33] Some prominent self-described pro-choice advocates quickly defended the accuracy of Fitzsimmons' statements.[34] The National Coalition of Abortion Providers is an American abortion industry trade association based in Alexandria, VA. www. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...


In support of the Partial-Birth Abortion Ban Act, a nurse who witnessed three IDX procedures found them deeply disturbing, and described one performed on a 26½-week fetus with Down Syndrome in testimony before a Judiciary subcommittee of the US House of Representatives: “Unborn child” redirects here. ...

"Dr. Haskell went in with forceps and grabbed the baby’s legs and pulled them down into the birth canal. Then he delivered the baby’s body and the arms, everything but the head. The doctor kept the head right inside the uterus....The baby’s little fingers were clasping and unclasping, and his little feet were kicking. Then the doctor stuck the scissors in the back of his head, and the baby’s arms jerked out, like a startle reaction, like a flinch, like a baby does when he thinks he is going to fall. The doctor opened up the scissors, stuck a high-powered suction tube into the opening, and sucked the baby’s brains out. Now the baby went completely limp...."[35]

Abortion provider Warren Hern asserted in 2003 that "No peer-reviewed articles or case reports have ever been published describing anything such as 'partial-birth' abortion, 'Intact D&E' (for 'dilation and extraction'), or any of its synonyms."[36] Therefore, Hern expressed uncertainty about what all of these terms mean. The U.S. Supreme Court held in Gonzales v. Carhart that these terms of the federal statute are not vague. Warren M. Hern is an abortion-providing physician in Boulder, Colorado. ...


Legal and political situation in the United States

Federal law

Main article: Partial-Birth Abortion Ban Act

Since 1995, led by Congressional Republicans, the United States House of Representatives and U.S. Senate have moved several times to pass measures banning the procedure. Congress passed two such measures by wide margins during Bill Clinton's presidency, but Clinton vetoed those bills in April 1996 and October 1997 on the grounds that they did not include health exceptions. Subsequent Congressional attempts at overriding the veto were unsuccessful. Doctors "have been successfully sued for failure to refer patients for late-term abortions in cases of fetal abnormalities."[37] It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress; the other is the Senate. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Politics Portal      The United States Senate is one of the two chambers of the bicameral United States Congress, the... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... This article or section does not adequately cite its references or sources. ...


A major part of the legal battle over banning the procedure relates to health exceptions, which would permit the procedure in special circumstances. The 1973 Supreme Court decision Roe v. Wade, which declared many state-level abortion restrictions unconstitutional, allowed states to ban abortions of post-viable fetuses unless an abortion was "necessary to preserve the life or health of the mother." The companion ruling, Doe v. Bolton, upheld against a vagueness challenge a state law that defined health to include mental as well as physical health. The Court has never explicitly held, as a matter of constitutional law, that states have to allow abortions of post-viable fetuses if doing so is necessary for the mother's mental health, but many read Doe as implying as much. The concern that the health exception can be read so liberally partly explains why supporters of the Partial-Birth Abortion Ban Act did not want to include one. Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... Doe v. ...


The Act includes an exception for the life of the woman, but explicitly not for non-life-threatening health issues; opponents believe that this exception is too narrow and have mounted numerous legal challenges. Congress asserted that the procedure is never necessary for maternal health.


In 2003, the Partial-Birth Abortion Ban Act (HR 760, S 3) was signed into law; the House passed it on October 2 with a vote of 281-142, the Senate passed it on October 21 with a vote of 64-34, and President George W. Bush signed it into law on November 5. It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... October 2 is the 275th day of the year (276th in leap years) in the Gregorian calendar. ... October 21 is the 294th day of the year (295th in leap years) in the Gregorian calendar, with 71 days remaining. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... is the 309th day of the year (310th in leap years) in the Gregorian calendar. ...


Beginning in early 2004, the Planned Parenthood Federation of America, the National Abortion Federation, and abortion doctors in Nebraska challenged the ban in United States District Courts in San Francisco, New York, and Lincoln, Nebraska, respectively. All three District Courts ruled the ban unconstitutional that same year, and their respective appellate courts (Ninth, Second, and Eighth) affirmed these rulings on appeal. shelby was here 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Planned Parenthood is an American organization focusing on issues related to reproductive services. ... The National Abortion Federation (NAF) is an organization of abortion providers. ... The United States district courts are the general trial courts of the United States federal court system. ... The United States District Court for the Northern District of California is the Federal district court whose jurisdiction is comprised of the following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. ... The United States District Court for the Southern District of New York (SDNY) is the Federal district court whose jurisdiction comprises the following counties: New York, Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. ... The United States District Court for the District of Nebraska is the Federal district court whose jurisdiction is comprised of the state of Nebraska. ... Court of Appeals is the title of certain appellate courts in various jurisdictions. ... The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Alaska District of Arizona Central, Eastern, Northern, and Southern Districts of California District of Hawaii District of Idaho District of Montana District of... The United States Court of Appeals for the Second Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Connecticut Northern, Southern, Eastern, and Western Districts of New York District of Vermont The Second Circuit hears argument at the Thurgood Marshall U... The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: Eastern and Western Districts of Arkansas Northern and Southern Districts of Iowa District of Minnesota Eastern and Western Districts of Missouri District of Nebraska District...


The three cases were all appealed to the Supreme Court of the United States, and were consolidated into the case Gonzales v. Carhart. On April 18, 2007, the Supreme Court voted to uphold the Partial-Birth Abortion Ban Act by a decision of 5-4.[38] Justice Kennedy wrote for the majority and was joined by Justices Thomas, Scalia, Alito, and Chief Justice Roberts. A dissenting opinion was written by Justice Ginsburg and joined by Justices Stevens, Souter and Breyer. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... The majority of information on this page is speculative. ... is the 108th day of the year (109th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is now the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ... Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Samuel Anthony Alito, Jr. ... John Glover Roberts Jr. ... Ruth Joan Bader Ginsburg (born March 15, 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. ... John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. ... David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. ... Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ...


State law

Many states have bans on late-term abortions which apply to the IDX procedure if it is performed after viability. Late-term abortions are abortions which are performed during the late stages of pregnancy. ... “Unborn child” redirects here. ...


Many states have also passed bans specifically on the IDX procedure. The first was Ohio, which in 1995 enacted a law that referred to the procedure as dilation and extraction. In 1997, the United States Court of Appeals for the Sixth Circuit found the law unconstitutional on the grounds that it placed a substantial and unconstitutional obstacle in the path of women seeking pre-viability abortions in the second trimester. For the term trimester used in academic settings, see Academic term The human gestation period of approximately 40 weeks between the time of the last menstrual cycle and delivery is traditionally divided into three periods of three months, or trimesters. ...


Between 1995 and 2000, 28 more states passed Partial-Birth Abortion bans, all similar to the proposed federal bans and all lacking an exemption for the health of the woman. Many of these state laws faced legal challenges, with Nebraska's the first to reach decision in Stenberg v. Carhart. The Federal District Court held Nebraska's statute unconstitutional on two counts. One being the bill's language was too broad, potentially rendering a range of abortion procedures illegal, and thus, creating an undue burden on a woman's ability to choose. The other count was the bill failed to provide a necessary exception for the health of the woman. The decision was appealed to and affirmed by both the Eighth Circuit and the Supreme Court on June 2000, thus resolving the legal challenges to similar state bans nationwide. Holding Laws banning partial-birth abortion are unconstitutional if they do not make an exception for the womans health, or if they cannot be reasonably construed to apply only to the partial-birth abortion (intact D&X) procedure and not to other abortion methods. ...


Since the Stenberg v. Carhart decision, Virginia, Michigan, and Utah have introduced laws that remain virtually identical to the unconstitutional Nebraska law. The Virginia and Michigan laws were similarly struck down due to broadness and the failure to provide a health exemption, Utah's law remains pending trial, though is unenforceable due to a court-issued preliminary injunction.


In 2000 Ohio introduced another "partial-birth abortion" ban. The law differed from previous attempts at the ban in that it specifically excluded D&E procedures, while also providing a narrow health exception. This law was upheld on appeal to the Sixth Circuit in 2003 on the grounds that "it permitted the partial birth procedure when necessary to prevent significant health risks."


In 2003 the Michigan Senate introduced Senate Bill No. 395. The bill, which would change the legal definition of birth, would in effect ban partial birth abortions. The definition of birth as defined in the bill was that once any part of the body had passed beyond the vaginal plane of introitus it is considered a birth. The bill included an exemption for the mother's health. The bill was passed by both the Senate and House of Representatives but was vetoed by governor Jennifer Granholm. Jennifer Mulhern Granholm (born February 5, 1959) is a Canadian-born American politician and the current Governor of the U.S. state of Michigan. ...


Legal and political situation in the United Kingdom

Questioned about UK government policy on the issue in Parliament, Baroness Andrews stated that "We are not aware of the procedure referred to as 'partial-birth abortion' being used in Great Britain. It is the Royal College of Obstetricians and Gynaecologists' (RCOG) belief that this method of abortion is never used as a primary or pro-active technique and is only ever likely to be performed in unforeseen circumstances in order to reduce maternal mortality or severe morbidity."[39] Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... (Elizabeth) Kay Andrews, Baroness Andrews OBE (16 May 1943— ) is a British Labour politician. ... The Royal College of Obstetricians and Gynaecologists is a medical institution in England which is responsible for training and regulating medical practitioners who specialise in obstetrics and gynaecology. ... In medicine, epidemiology and actuarial science, the term morbidity can refer to the state of being diseased (from Latin morbidus: sick, unhealthy), the degree or severity of a disease, the prevalence of a disease: the total number of cases in a particular population at a particular point in time, the...


References

  1. ^ a b c Gonzales v. Carhart, 550 U.S. ____ (2007). Findlaw.com. Retrieved 2007-04-30. ("If the intact D&E procedure is truly necessary in some circumstances, it appears likely an injection that kills the fetus is an alternative under the Act that allows the doctor to perform the procedure.")
  2. ^ Guttmacher.org Abortion Incidence and Services in the United States in 2000
  3. ^ a b Haskell, Martin. Dilation and Extraction for Late Second Trimester Abortion. Presented at the National Abortion Federation Risk Management Seminar, September 13, 1992.
  4. ^ Owner of Bombed Atlanta Nightclub is Sister of Abortion Doctor. Feminist Daily News Wire, February 26, 1997.
  5. ^ ACOG Statement on the US Supreme Court Decision Upholding the Partial-Birth Abortion Ban Act of 2003 (April 18, 2007). Retrieved 2007-04-22.
  6. ^ American Association of Pro Life Obstetricians and Gynecologists, Partial Birth Abortion. Retrieved 2007-04-22.
  7. ^ Health and Ethics Policies of the AMA American Medical Association. H-5.982 Retrieved April 24, 2007.
  8. ^ Late-Term Pregnancy Termination Techniques American Medical Association. H-5.982 Retrieved April 24, 2007.
  9. ^ Gonzales v. Carhart, 550 U.S. ____ (2007). Findlaw.com. Retrieved 2007-04-19.
  10. ^ "Surgical Abortion Procedures" American Pregnancy Association. Accessed April 14, 2006.
    Haskell, Martin. "Dilation and Extraction for Late Second Trimester Abortion." Presented at the National Abortion Federation Risk Management Seminar, September 13, 1992
  11. ^ Abortion Surveillance — United States, 2002 CDC's National Center for Chronic Disease Prevention and Health Promotion, Division of Reproductive Health. Accessed April 14, 2006.
  12. ^ Abortion Incidence and Services in the United States, 1995-1996. Accessed April 17, 2006.
  13. ^ a b c Grimes D (1998). "The continuing need for late abortions". JAMA 280 (8): 747-50. PMID 9728652. Retrieved on 2007-04-29.  {Full text of online article requires free registration.)
  14. ^ "Abortion". Microsoft Encarta Online Encyclopedia. (2007). MSN. Retrieved on 2007-04-29. 
  15. ^ a b c d Gorney, Cynthia. Gambling With Abortion. Harper's Magazine, November 2004.
  16. ^ a b Woodbury, Margaret A. (2002-07-24). "A doctor's right to choose". Salon.com. Retrieved on 2007-04-29. 
  17. ^ a b c Sprang M, Neerhof M (1998). "Rationale for banning abortions late in pregnancy". JAMA 280 (8): 744-7. PMID 9728651. Retrieved on 2007-04-29.  (Full text of online article requires free registration.)
  18. ^ What do we expect during the delivery?. Fetal Hydrocephalus (2006). Retrieved on 2007-04-29.
  19. ^ D & X/PBA Procedures: Introduction. religioustolerance.org. Accessed April 14, 2006.
  20. ^ Alex Gordon. "The Partial-Birth Abortion Ban Act of 2003". Harvard Journal on Legislation. Volume 41, Number 2, Summer 2004. (see footnote 15)
  21. ^ H.R.1833. To amend title 18, United States Code, to ban partial-birth abortions.
  22. ^ Adam Simon, “Elite Discourse, Programming and Survey Response in the Partial Birth Abortion Debate” (March 2003).
  23. ^ FOX News toes GOP line, using the term "partial birth abortion". Media Matters For America, Mon December 13, 2004.
  24. ^ Gonzales v. Carhart, 550 U.S. ____ (2007). Findlaw.com. Retrieved 2007-04-19.
  25. ^ U.S. Code, Title 18, Part I, Chapter 74, Section 1531, "Partial-birth abortions prohibited."
  26. ^ Abortion Bans: Myths and Facts. American Civil Liberties Union. Accessed April 14, 2006.
    Stenberg v. Carhart, 530 U.S. 914 (2000)
  27. ^ Miranda Kennedy (March/April 2000). Partial Truth Abortion Coverage. Fairness and Accuracy in Reporting. Retrieved on 2006-09-14.
  28. ^ Koukl, Gregory. Partial-Birth Abortion Is Not About Abortion. Stand to Reason. Accessed April 25, 2006.
    White, Deborah. Pros & Cons of Partial Birth Abortions About.com. Accessed April 25, 2006.
  29. ^ The Official Point of View of the Romanian Orthodox Church on Abortion (summery). The Romanian Patriarchate. Accessed April 25, 2006.
    Achacoso, Jaime B. A Sin and a Crime Catholic.com. Accessed April 25, 2006.
    Gonzalez, Ramon. Pro-life teens challenged Western Catholic Reporter. October 23, 2000. Accessed April 25, 2006.
  30. ^ Slippery Slope: Democratic Wavering in the Battle for Reproductive Rights. PERRspectives.com. February 25, 2004. Accessed April 25, 2006.
    Strategic Initiatives The Rockridge Institute. Accessed April 25, 2006.
  31. ^ 108th Congress, 1st Session, S.3. Partial Birth Abortion Ban Act of 2003.
  32. ^ "US top court backs abortion ban", BBC, 2007-04-18. Retrieved on 2007-04-18. 
  33. ^ "An abortion rights advocate says he lied about procedure," New York Times, February 26, 1997, page A11.
  34. ^ Ruth Padawer, "Pro-choice advocates admit to deception", Bergen Record, February 27, 1997.
  35. ^ Testimony of Brenda Pratt Shafer, R.N. Committee on the Judiciary, Subcommittee On The Constitution, U.S. House Of Representatives, March 21, 1996. Retrieved May 2, 2007.
  36. ^ Hern, Warren. "Did I Violate the Partial-Birth Abortion Ban?" (Slate, Oct. 22, 2003).
  37. ^ Trupin, Suzanne R. Abortion emedicine.com. Accessed April 25, 2006.
  38. ^ Sherman, Mark. "Court Backs ban on abortion procedure", SFGate, April 18, 2007. 
  39. ^ Text of a written answer to a parliamentary question at The House of Lords Hansard. Accessed 7th September 2006

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See also

Dilation and evacuation is a form of abortion using dilation and evacuation. ... Late-term abortions are abortions which are performed during the late stages of pregnancy. ... Abortion in the United States is a highly-charged issue with significant political and ethical debate. ... International status of abortion law  Legal on demand  Legal for rape, maternal life, health, mental health, socioecomic factors, and/or fetal defects  Legal for or illegal with exception for rape, maternal life, health, fetal defects, and/or mental health  Illegal with exception for rape, maternal life, health, and/or mental... Issues of discussion The abortion debate can be found in every level of politics and ethics. ... It has been suggested that Partial-Birth Abortion Ban Act of 1995 be merged into this article or section. ...

External links

Legislation, testimony, and court decisions

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Commentary

Other


  Results from FactBites:
 
Intact dilation and extraction - Wikipedia, the free encyclopedia (2328 words)
Intact dilation and extraction (IDX or Intact DandX), is a surgical abortion procedure wherein an intact fetus is removed from the womb via the cervix.
Haskell's term was a variation on "intact dilation and evacuation (intact DandE)", the term preferred by Dr. James McMahon, who developing the procedure in 1983 as an alternative to dilation and evacuation or DandE.
Intact DandX procedures are not performed during the first trimester, as the fetal head is quite small at this stage of gestation, allowing easy removal from the uterus.
A doctor's right to choose | Salon.com (715 words)
During a dilation and evacuation, the doctor terminates the pregnancy by dismembering the fetus inside the uterus or as it is extracted from the uterus into the vagina.
In an intact dilation and extraction, the not-yet-viable fetus is removed from the uterus as a whole, except for the fetal skull, which is collapsed via a cervical incision and suction rather than crushed with forceps.
The annual total of intact dilation and extraction procedures was estimated to be approximately 650 of the 1.4 million abortions performed in 1996, the last year for which data is available.
  More results at FactBites »


 

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