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What should you know about the Federal Abortion Ban and the Supreme Court Ruling?

Modified: 09/12/2007

Download our pamphlet about the Federal Abortion Ban!

THE FEDERAL ABORTION BAN OF 2003
- The Federal Abortion Ban was passed by a Republican Congress and signed into law by President Bush in 2003
- The ban has no exception for a woman’s health and is so vague that it could possibly outlaw abortion up to the 12th week of pregnancy.
- Physicians who perform the procedure, with the exception of saving a woman’s life, can face up to 2 years in prison.
- There is no such thing as “partial birth” abortion – it is a non-medical term created by the anti-choice community. The ban outlaws the intact dilation and evacuation procedure.

SUPREME COURT RULING
- All lower federal and appellate courts found the ban unconstitutional.
- The Supreme Court upheld the ban on a 5-4 vote. Both of President Bush’s nominees, Justices Roberts and Alito voted in favor of upholding the ban.
- Major medical associations, such as the American College of Obstetricians and Gynecologists, which represents more than 90% of ob-gyn specialists, oppose the ban and the ruling.

IS THERE ANY HOPE IN OVERTURNING THE BAN?
- Possibly. While the ban cannot be challenged simply on the basis that it is unconstitutional, women who need the procedure can go to court to have the ban waived. Unfortunately, women whose health is at risk cannot wait for the judicial system to work in their favor.

WHAT DOES THIS MEAN TO MARYLAND?
- The ban applies to ALL 50 states. Maryland cannot create legislation to safeguard women’s health, like it has done in the past.
- If Roe v. Wade is overturned, which seems an imminent possibility, decisions about abortion will go to the states. Having a pro-choice legislature is essential to the health and lives of women in Maryland!!

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