LawServer - Laws, Legal Information & Lawyers

John McCain

Sen. McCain voted for the 2003 ban on partial-birth abortion, and praised the Supreme Court's 207 decision upholding it, stating that the decision"ensures that an unacceptable and unjustifiable practice will not be carried out on our innocent children."

Barack Obama

Sen. Obama received the endorsement of NARAL Pro-Choice America on May 14, 2008. Obama co-sponsored the "Freedom of Choice Act," which would allow taxpayer funding of abortions and, some fear, invalidate many state abortion laws. He has pledged to sign the Act if elected. In the Illinois Senate, Obama voted against the Illinois Born-Alive Infants Protection Act, which would have required that any fetus showing signs of life after being completely born outside the mother be treated as a person. He has also criticized the Gonzales v. Carhart decision.

In every region of the world, individuals and governments have grappled with the ethical, social, medical, and religious problems created by abortion. For most women in the world, abortions are available on demand within the first trimester, and this is particularly so in North America, Europe and Asia. After the first trimester abortion laws generally become more strict. In South America, Africa and Southeast Asia, abortions are generally illegal, with exceptions often recognized where the woman's life in is danger, or in cases of rape.

Partial-birth abortions are a relatively rare but controversial and politically-charged abortion procedure in which a physician partially delivers an intact fetus, then intentionally causes its death before removing it completely.

Sec. 1531. Partial-birth abortions prohibited

(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 enactment.