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TOMORROW MORNING. MR. PRESIDENT, I THINK IT IS TRULY
REGRETTABLE THAT WE STILL HAVE TO DEBATE THIS AFTER SO MANY
YEARS. WE ARE TALKING ABOUT A PROCEDURE THAT IS MORALLY WRONG
WRONG. MR. PRESIDENT, THE FACTS ARE REALLY NOT AT ISSUE. NO ONE
DENIES THIS PROCEDURE IS DESIGNED TO KILL -- TO KILL -- A
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LIVING PARTIALLY DELIVERED BABY, A BABY THAT IS USUALLY FIVE TO
SIX MONTHS OLD OLD. FIVE TO SIX MONTHS GESTATION. NO ONE DENIES
THAT ONLY A FEW INCHES SEPARATE THIS BARBARIC PRACTICE FROM
OUTRIGHT MURDER. PARTIAL-BIRTH ABORTION IS IS PERHAPS THE ONLY
LEGAL PROCEDURE WHERE LIVE BIRTH AND DEATH BECOME VIRTUALLY
SIMULTANEOUS. THE VOTE WE WILL CAST TOMORROW MORNING WILL BE A
CLEAR MORAL DECISION ABOUT LIFE AND ABOUT DEATH. IT IS A
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DECISION REALLY ABOUT WHO WE ARE, WHO WE ARE AS A PEOPLE, OUR
MORAL IDENTITY AS A PEOPLE. BANNING THIS PROCEDURE REPRESENTS
THE MORAL CONSENSUS OF THE AMERICAN PEOPLE BY AN OVERWHELMING
MARGIN. MR. PRESIDENT, DR. LEROY SPRANG AND MARK NEARHOFF
STATED IN THE AMERICAN MEDICAL JOURNAL ASSOCIATION -- AND I
QUOTE -- "PARTIAL-BIRTH ABORTION SHOULD NOT BE PERFORMED
BECAUSE IT IS NEEDLESSLY RISKY, INHUMANE AND ETHICALLY
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UNACCEPTABLE." MR. PRESIDENT, I STRONGLY AGREE WITH THIS
CHARACTERIZATION AS TO THE AMERICAN PEOPLE. NOW IT'S NO SECRET
THAT AMERICA HAS BEEN EXPERIENCING A MORAL CRISIS, AND WE HAVE
REACHED A CROSS ROAD. THE QUESTION WHICH I ASK ON THIS FLOORED
-- WHICH I ASKED ON THIS FLOOR JUST ABOUT A YEAR AGO, I GUESS,
ABOUT PARTIAL-BIRTH ABORTION, THOSE QUESTIONS REALLY REMAIN
UNANSWERED. THESE QUESTIONS ARE MORE PROFOUND THAN EVER. WHAT
DOES OUR TOLERATION FOR THIS IMMORAL PRACTICE SAY FOR US AS A
COUNTRY?
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WHAT DOES IT SAY ABOUT US AS A PEOPLE?
I BELIEVE, MR. PRESIDENT, ONE JUDGED AS A COUNTRY BY WHAT IT IS
FOR, BUT ALSO YOU JUDGE A COUNTRY BY WHAT IT IS AGAINST. WE
JUDGE A COUNTRY BY WHAT IT TOLERATES. AND WE TOLERATE TOO MUCH
IN THIS COUNTRY. WE TOLERATE A LOT IN THIS NATION. BUT AT SOME
POINT, MR. PRESIDENT, WE SIMPLY HAVE TO DRAW THE LINE. YOU
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KNOW, WE HAVE TO STOP HIDING BEHIND THE PHRASE, "OH, I REALLY
DON'T LIKE THIS, BUT IT'S SOMEONE ELSE'S PRIVATE MATTER. I
DON'T WANT TO INTERFERE, WE'LL PUT UP WITH IT. IT'S NOT MY
BUSINESS." WE HAVE TO STOP HIDING, MR. PRESIDENT, BEHIND THAT.
IN A COUNTRY THAT'S BASED ON RESPECT FOR FREEDOM, THIS IS, OF
COURSE, A VERY IMPORTANT PRINCIPLE. BUT IT DOES HAVE LIMITS,
LIMITS THAT ARE BASED ON THE SAME RESPECT FOR HUMAN RIGHTS THAT
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IS THE VERY FOINDATION FOR EEDOM SELF. WHY, AFTER ALL, IS THE
ARGUMENT BASED ON PERSONAL FREEDOM SO POWERFUL IN OUR POLITICAL DEBATES?
IT'S BECAUSE WE ALL HAVE IN OUR HEARTS THE IMMORTGAGE TALL
WORDS OF THOMAS JEFFERSON -- THE IMMORTAL WORDS OF OF THOMAS
JEFFERSON, THE WORDS THAT WE HOLD THESE TRUTHS TO BE
SELF-EVIDENT, THAT WE HAVE THE INALIENABLE RIGHT TO LIFE,
LIBERTY AND THE PURSUIT OF HAPPINESS. THIS IS OUR PROFOUND
MORAL CONVICTION, MR. PRESIDENT. BUT WHAT DOES IT SAY ABOUT OUR
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MORAL CONVICTIONS WHEN WE CONTINUE TO ALLOW IN THIS COUNTRY
THIS BARBARIC PRACTICE?
WHAT DOES IT SAY ABOUT US AS A PEOPLE?
DOES ALLOWING THIS PRACTICE BESPEAK A COMMITMENT TO THE
SANCTITY OF OF HUMAN LIFE, OF A HUMAN PERSON?
NO, MR. PRESIDENT. IF WE DO NOT SAY AT SOME POINT THAT OUR
TOLERANCE DRAWS THE LINE AT A PRACTICE SO BRUT AND SO INHUMANE,
WE RUN THE SEVERE RISK OF OF ERODING THIS FOUNDATION THAT
REALLY LIES AT THE BASE OF ALL OUR OTHER FREEDOMS, A COUNTRY
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THAT ALLOWS THIS BARBARIC PROCEDURE TO BE INFLICTED ON INNOCENT
HUMAN LIVES IS A COUNTRY THAT CANNOT BE TRUSTED WHEN IT
PROCLAIMS A RESPECT FOR OTHER FREEDOMS. WHAT FREEDOM, MR.
PRESIDENT, WILL SUCH A COUNTRY NOT DISCARD IN THE NAME OF MERE
CONVENIENCE?
FOR ME, THE DECISION IS CLEAR. THIS -- THIS -- IS WHERE WE DRAW
THE LINE. NOW IS THE TIME THAT WE DRAW IT. WE MUST BAN THIS
UNCIVILIZED, THIS BARBARIC, THIS IMMORAL PROCEDURE, AND WE MUST
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DO IT TOMORROW MORNING. NOW, MANY PEOPLE AGREE, MR. PRESIDENT,
THAT THIS PROCEDURE IS CLOSER TO INFANTICIDE THAN IT IS TO
ABORTION. ONE OF THE REASONS BANNING THIS PROCEDURE HAS BEEN
SUPPORTED BY DOCTORS, INCLUDING THE AMERICAN MEDICAL
ASSOCIATION, THE PHYSICIANS AD HOC COALITION FOR TRUTH, AND
EVEN BY OTHERWISE PRO-CHOICE INDIVIDUALS, INCLUDING EVEN SOME
ABORTIONISTS, IS BECAUSE IT IS A PROCEDURE THAT IS NEVER A
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MEDICAL NECESSITY. IT IS NEVER A MEDICAL NECESSITY. IT IS DONE,
MR. PRESIDENT, THE EVIDENCE IS OVERWHELMING IT IS DONE FOR
SHEER CONVENIENCE. THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS, WHILE IT DOES NOT SUPPORT THIS BILL, COULD
NEVERTHELESS NOT IDENTIFY ANY CIRCUMSTANCES IN WHICH THIS
PROCEDURE WOULD BE THE ONLY OPTION TO SAVE THE LIFE OR PRESERVE
THE HEALTH OF THE MOTHER. MOST PEOPLE IN AMERICA OPPOSE THIS
PROCEDURE, AND THEY OPPOSE IT FOR THE SIMPLE REASON THEY KNOW
WHAT IT IS. FOR THOSE WHO DON'T OR WHO NEED TO BE REMINDED OF
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OF WHAT IT IS, LET ME AGAIN DESCRIBE IT. I KNOW THIS PROCEDURE
HAS BEEN DESCRIBED ON THIS FLOOR MANY, MANY TIMES, BUT IT GOES
TO THE HEART OF THIS DEBATE. PARTIAL-BIRTH ABORTION INVOLVES
THE PARTIAL DELIVERY OF A BABY ITS FEET. THE HEAD IS LEFT
INSIDE ITS MOTHER'S WOMB. THE HEAD REMAINS IN THE UTERUS WHILE
THE ABORTIONIST KILLS THE BABY STABBING SCISSORS INTO THE BASE
OF THE CHILD'S HEAD, SUCTIONING OUT THE BABY'S BRAINS WITH A
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SMALL TUBE, THEN COMPLETING THE DELIVERY OF THE NOW DEAD CHILD.
IN THIS BARBARIC PROCEDURE, MR. PRESIDENT, THE ABORTIONIST DOES
NOT EVEN ADMINISTER ANESTHESIA TO THE FETUS. MR. PRESIDENT, A
MOMENT AGO YOU POINTED OUT THAT DOGS ARE TREATED BETTER THAN
THIS. THE DOGS THAT ARE USED IN MEDICAL RESEARCH ARE REQUIRED
TO BE GIVEN PAIN MANAGEMENT THERAPY UNDER FEDERAL STANDARDS.
THE TREATMENT OF THESE HUMAN FETUSES THAT WE'RE TALKING ABOUT
WOULD NOT EVEN MEET THE BEAR MINIMUM FEDERAL STANDARD FOR THE
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DOGS USED IN MEDICAL RESEARCH. KNOWING THAT, WHY THEN HAVE WE
NOT BANNED THIS PROCEDURE?
WHY ARE WE STILL HERE 0 DEBATING YET AGAIN WHAT SHOULD BE
SELF-EVIDENT THAT, THIS PRACTICE IS A CRIME AGAINST OUR COMMON
HUMANITY?
THE ANSWER, I'M AFRAID, IS VERY SIMPLE. MY FRIEND FROM
PENNSYLVANIA HAS SPENT A GOOD TIME TODAY ON THE FLOOR OUTLINING
IT AND OUTLINING THE REASON. THE CASE SUPPORTING THIS PROCEDURE
IS BUILT ON MISINFORMATION. IT IS BUILT ON LIES. AND THEY ARE
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INTENDED TO POISON THE PUBLIC DEBATE AND OBSCURE THE TRUTH.
THAT'S THE FACT. IN THE BEGINNING OF THE PARTIAL-BIRTH ABORTION
CONTROVERSY, MANY PEOPLE WERE MISLED TO BELIEVE THAT THIS
PROCEDURE WAS RARE. WE WERE TOLD IT WAS RARE. NOW TODAY WE KNOW
THAT SIMPLY IS NOT TRUE. ALMOST EVERYONE IS AWARE BY NOW THAT
RON FITZSIMMONS, EXECUTIVE DIRECTOR OF THE NATIONAL COALITION
OF ABORTION PROVIDERS, ADMITTED -- ADMITTED -- THAT HE LIED. HE
SAID, "I LIED THROUGH MY TEETH." HE LIED WHEN HE SAID THAT
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PARTIAL-BIRTH ABORTIONS WERE PERFORMED RARELY AND ONLY IN
EXTREME MEDICAL CIRCUMSTANCES. HE ADMITTED LATER, AFTER THE
DEBATE, THAT THAT WAS A LIE. IN THE INTEREST, MR. PRESIDENT, OF
MEDICAL ACCURACY, LET ME EMPHASIZE AND BE SPECIFIC ABOUT HOW
MR. FITZSIMMONS LIED. HE LIED PLAINLY, AND IN HIS OWN WORDS, HE
LIED THROUGH HIS TEETH. WE WERE MISLED AGAIN, MR. PRESIDENT,
WHEN WE WERE TOLD THAT THIS PROCEDURE WAS THE ONLY LATE-TERM
ABORTION PROCEDURE THAT COULD BE USEED IN CERTAIN INSTANCES TO
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SAVE THE LIFE OF THE MOTHER. AGAIN, THAT'S NOT TRUE. IT IS
SIMPLY NOT TRUE. THIS PROCEDURE IS NOT MEDICALLY NECESSARY. IT
IS NOT MEDICALLY INDICATED. EVER. NOR IS IT THE ONLY OPTION
AVAILABLE. NOW THAT'S NOT BASED ON WHAT MIKE DEWINE SAIZ OR
WHAT RICK SANTORUM SAYS. THAT'S BASED ON THE AMERICAN MEDICAL
ASSOCIATION. NOW, MR. PRESIDENT, WE WERE TOLD YET ANOTHER
FALSEHOOD, LIE. WE WERE TOLD THAT THIS PROCEDURE WAS TO
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PRESERVE THE HEALTH OF THE MOTHER. WE WERE MISLED ABOUT THAT AS
WELL. THIS IS SIMPLY NOT TRUE. DR. MARTIN HASKELL, A MAN WHO
INVENTED THIS PROCEDURE, HE SAID THAT 80% OF THE ABORTIONS HE
PERFORMS ARE ELECTIVE. 80%. THIS IS THE ABORTIONIST. THIS IS
THE MAN WHO INVENTED THIS HAD PROCEDURE. HE SAYS 80% OF THE
ONES HE PERFORMS ARE ELECTIVE. A SURVEY WHICH ASKS WOMEN WHO
HAD HAD LATE-TERM ABORTIONS WHY THEY WAITED FOUND THAT 71% DID
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NOT KNOW THEY WERE PEGT OR -- PREGNANT OR MISJUDGED THE AGE OF
THE BABY. THIS PROCEDURE, MR. PRESIDENT, IS IS BEING PERFORMED
FOR CONVENIENCE, PURE AND SIMPLE. NOW, WE'VE ALSO BEEN TOLD THE
PROCEDURE IS APPROPRIATE BECAUSE THE BABY IS NOT VIABLE ANYWAY.
BUT EVEN THIS IS CERTAINLY NOT ALWAYS TRUE. MANY TIMES IT'S NOT
TRUE. RESEARCH -- A RECENT ARTICLE IN THE "NEW ENGLAND JOURNAL
OF MEDICINE" FOUND THAT 56% OF BABIES ARE VIABLE OUTSIDE OF
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THEIR MOTHER'S WOMB AT 24 WEEKS. AT 25 WEEKS, 79% OF THEM ARE
VIABLE. I'M SURE THAT MANY OF MY COLLEAGUES HAVE HAD THE SAME
EXPERIENCE THAT I HAVE WHEN WE HAVE GONE HOME TO OUR HOME
STATES, VISITED NEONATAL INTENSIVE UNITS AT CHILDREN'S
HOSPITALS OR OTHER HOSPITALS, AND WE'VE SEEN 22
WEEK-OLD-CHILDREN, 23-WEEK-OLD CHILDREN THAT HAVE BEEN BORN
PREMATURELY WHO ARE FIGHTING FOR LIFE, BUT MANY OF THEM DO IN
FACT MAKE T. WE'VE SEEN THAT WITH OUR OWN EYES, AND WE'VE ALL
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TALKED TO THE DOCTORS WHO ARE FRANTICALLY TRYING, WORKING SO
HARD EVERY DAY TO SAVE THEM. AND MANY CAN BE SAVED. NOW,
UNFORTUNATELY, THE PRESIDENT, THE PRESIDENT OF THE UNITED
STATES, IN VETOING THIS LEGISLATION AS IN HIS VETO OF THE
PREVIOUS LEGISLATION HAS JUSTIFIED HIS POSITION PRECISELY ON
THESE TYPES OF OF FALSEHOODS. IN FACT, IF YOU LOOK AT HIS VETO
MESSAGE LAST TIME, WHAT YOU FIND IS ALL THESE FACTS THAT ARE
OUTLINED THERE THAT HE SAYS ARE FACTS ARE SIMPLY NOT TRUE. THE
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PRESIDENT TRAGICALLY IS WRONG. WHILE IT'S TRUE, MR. PRESIDENT,
THAT EVERYONE IS ENTITLED TO HIS OR HER OWN OPINION, NONE OF US
IS ENTITLED TO OUR OWN FACTS. AND THE FACTS CLEARLY INDICATE
THAT THE PRESIDENT PUT DOWN HIS VETO MESSAGE IS WRONG. NOW THE
FALSEHOODS SPREAD BY THE DEFENDERS OF PARTIAL-BIRTH ABORTION
ARE, FRANKLY, OFFENSIVE. BUT EVEN MORE OFFENSIVE ARE SOME OF
THESE LIES IS ONE THE PROPONENTS OF PARTIAL-BIRTH ABORTION TELL
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THE TRUTH. FOR EXAMPLE, WHEN THEY SAY THE PARTIAL-BIRTH
ABORTION PROCEDURE IS NEEDED IN ORDER TO GET RID OF DEFECTIVE
INFANTS, THE LATE DR. JAMES MCMAHON, WHO HAD PERFORMED
THOUSANDS OF THESE PARTIAL-BIRTH ABORTIONS, HE SAID HE
PERFORMED SOME OF THESE ABORTIONS BECAUSE THE BABY HAD A CLEFT
LIP. THAT'S RIGHT -- A CLEFT LIP. MAYBE IT'S TIME TO REWRITE
OUR SACRED DOCUMENTS TO SAY, "WE HOLD THESE TRUTHS TO BE
SELF-EVIDENT THAT MOST OF US -- MOST OF US -- ARE ENDOWED WITH
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INALIENABLE RIGHTS -- THE RIGHT TO LIFE AND LIBERTY AND THE
PURSUIT OF HAPPINESS. BUT PEOPLE WITH CLEFT LIP AND OTHER
PROBLEMS ARE ENTITLED TO BE VICTIM TO A PAINFUL AND BARBARIC
MURDER. NO, MR. PRESIDENT, THAT IS NOT THE MORAL ATTITUDE OF
THE AMERICA I WANT TO BELIEVE IN OR THAT I DO BELIEVE IN.
THAT'S THE MORAL ATTITUDE OF ANOTHER CIVILIZATION, ONE THAT
AROSE IN THIS VICIOUS CENTURY ONLY TO VANISH FROM THE FACE OF
THIS PLANET BY THE FORCE OF AMERICAN ARMS AND, MORE
IMPORTANTLY, OF AMERICAN VALUES. IT IS IN OUR POWER TO SAY "NO"
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TO THIS THROWBACK TO THE DAYS OF THE NAZIS, TO SAY "NO" TO THE
SELECTION OF THE FITTEST, TO SAY "NO" TO INFANTICIDE. THAT'S
WHAT WE'RE ABOUT TODAY ON THE FLOOR OF THE SENATE. THAT'S WHAT
WILL WE WILL BE ABOUT TOMORROW MORNING WHEN WE CAST OUR VOTE.
MR. PRESIDENT, I'D LIKE TO NOTE BRIEFLY THAT A NUMBER OF STATE
STATUTES HAVE SOUGHT TO BAN THESE PARTIAL-BIRTH ABORTIONS. SOME
STATES HAVE HAD SUCCESS. OTHERS HAVE NOT. MANY OF THOSE
STATUTES WHICH HAVE BEEN STRUCK DOWN, HOWEVER, ARE VERY
DISTINGUISHABLE FROM THIS LEGISLATION. I WOULD LIKE TO TALK
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ABOUT THIS CONSTITUTIONAL ASPECT OF THIS BILL, BECAUSE THE
ISSUE HAS BEEN RAISED TIME AND TIME AGAIN ON THE FLOOR OF THE
SENATE. SO LET ME TURN TO AN EXAMINATION OF THE BILL BASED ON
OUR CONSTITUTION, BASED ON ROE V. WADE AND CASEY AND THE OTHER
SUPREME COURT DECISIONS. FIRST LET ME STATE THAT OF THE CASES
OF THE STATUTES THAT HAVE BEEN STRUCK DOWN, THE STATUTE THAT IS
BEFORE US, THE PROPOSED STATUTE THAT IS BEFORE US IS COMPLEERL
DISTINGUISHABLE. FOR EXAMPLE, MR. PRESIDENT, THE FIRST LAW TO
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BAN THE PARTIAL-BIRTH ABORTION PROCEDURE WAS ENACTED IN MY
{END: 1998/09/17 TIME: 21-15 , Thu. 105TH SENATE, SECOND SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}