ASSEMBLY RESOLUTION No. 90

STATE OF NEW JERSEY

INTRODUCED MAY 6, 1996

By Assemblymen KELLY, FELICE, Kavanaugh, Assemblywoman J. Smith, Assemblymen Malone, Carroll, Gibson, Arnone, Garrett, Bucco, Rooney, Assemblywomen Farragher, Crecco, Assemblyman Rocco, Assemblywoman Heck, Assemblymen DeCroce and Stuhltrager

An Assembly Resolution memorializing the Congress of the United States to override the President's veto of HR 1833.

Whereas, The President of the United States recently vetoed HR 1833, a bill to prohibit the performance of partial-birth abortions except when necessary to save the life of the mother; and

Whereas, HR 1833 passed both Houses of the Congress by large bipartisan majorities, reflecting the broad consensus on both sides of the aisle and among both pro-choice and right-to-life legislators against partial-birth abortions; and

Whereas, In this procedure, a physician extracts a fetus feet first from the womb and through the birth canal until all but its head is exposed and then thrusts the tips of surgical scissors into the base of the skull, inserts a suction catheter and removes the brain tissue and other contents of the skull, thereby subjecting to a painful death the fetus who, according to respected medical authorities, receives little, if any, pain relief from the anesthesia given to the mother; and there are indications that a significantly larger number of partial-birth abortions are performed each year than official estimates suggest; and

Whereas, The wrongness of this brutal act against a human fetus     leaving the womb of the mother is self-evident to all who            understand the purpose of government to secure the first inalienable     right enunciated in the Declaration of Independence, which is the     right to life; and

Whereas, The conscience of the general public is rightly offended     by this gruesome procedure which involves the killing of a living     baby who has been almost completely delivered, an act which is     more like infanticide than abortion; and

Whereas, A national poll of registered voters conducted by the Tarrance Group and released on January 22, 1996, found that 71% supported and only 16% opposed a ban on partial-birth abortions with an exception to save the life of the mother; and

Whereas, Notwithstanding the exception to the partial-birth           abortion ban provided in HR 1833, which would permit the             procedure when necessary to save the life of the mother, medical     professionals state that there are absolutely no obstetrical situations     encountered in this country which require a partially delivered     human fetus to be destroyed in order to preserve the life or health     of the mother; and

Whereas, The President's veto of HR 1833 was premised on the     lack of an additional exception to its partial-birth abortion ban,     beyond the one contained in the bill to preserve the life of the     woman, for cases posing "serious adverse health consequences" to     the woman; however, in the context of abortion, the term "health"     has been interpreted by the United States Supreme Court to include     reasons having to do with the pregnant woman's marital status and     age, as well as any reason relevant to her social or emotional "well-    being," and would thus be so ambiguous that the substantive legal     effect of including this exception in the bill would be to remove any      real limitation on the use of partial-birth abortions and thereby     render the bill meaningless by reducing it to nothing more than a     symbolic expression of opposition to the use of this procedure;     now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey:

    1. This House memorializes the Congress of the United States to override the President's veto of HR 1833 and thereby prohibit the performance of partial-birth abortions under any circumstances, except when necessary to save the life of the mother.

    2. A duly authenticated copy of this resolution, signed by the Speaker of the General Assembly, and attested by the Clerk of the General Assembly, shall be forwarded to each member of the United States Congress elected from the State of New Jersey.

STATEMENT

    This resolution memorializes the United States Congress to override the President's recent veto of HR 1833, a bill to prohibit the performance of partial-birth abortions except when necessary to save the life of the mother.

Memorializes U.S. Congress to override President's veto of bill outlawing partial-birth abortions.