[honeygrl]

The ban says:

`(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the date of enactment of this chapter.

This is their definition of PBA:

`(1) the term `partial-birth abortion' means an abortion in which--

`(A) the person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head- first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and

`(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; and

What is defined above is banned, unless it is done to save a mother's life. Congress found and declared that it's never medically necessary:

The Congress finds and declares the following: (1) A moral, medical, and ethical consensus exists that the practice of performing a partial-birth abortion--an abortion in which a physician delivers an unborn child's body until only the head remains inside the womb, punctures the back of the child's skull with a Sharp instrument, and sucks the child's brains out before completing delivery of the dead infant--is a gruesome and inhumane procedure that is never medically necessary and should be prohibited.

It also says the father, if married to the mother, mother, or grandparents may file a civil suit against the person who performed the PBA and basically milk them for all they are worth.

Did you read the text of the ban or just what the article highlighted?

[Sabertooth]

Your post simply recapitulates the backdrop for my question to you.

The legislation establishes under what circumstances a PBA is legal, and under what circumstances it isn't. It also extablishes penalties for breaking the statute. All well and good, we agree on that. I'm just trying to get a handle on the practical application of this law, and how it will be enforced, fair enough?

Now, again, my question...

A woman walks into an abortion mill intending to have a legal PBA. She goes into a room with a doctor and nurse who intend to perform a legal PBA. Some time later, all three emerge from the room and the woman's pregnancy has been aborted.

Did a crime take place?

How would you know?

[NittanyLion]

the person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head- first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus;

Is it possible to abort the child during a delivery but before the "entire fetal head" is outside the body of the mother? I honestly don't know, and I'm trying to get a handle on whether this could be a loophole.