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Unborn Victims of Violence Act of 2004 - Right to Choose

Date: March 25, 2004
Location: Washington, DC
Issues: Abortion Judicial Branch


UNBORN VICTIMS OF VIOLENCE ACT OF 2004

RIGHT TO CHOOSE

Ms. COLLINS. Mr. President, I rise to engage the distinguished Senator from South Carolina, Senator GRAHAM, in a brief colloquy in order to make clear the intent behind the language in this bill. It is my understanding that there is nothing in the language of this bill that would, in any way, undermine the constitutional right of a woman to choose to terminate a pregnancy, as expressed by the Supreme Court in Roe v. Wade, and subsequent decisions.

I inquire of the Senator, who is one of the coauthors of the bill, if my understanding of the intent behind the language in the bill is correct.

Mr. GRAHAM. The Senator from Maine is correct. Nothing in the language of this bill is intended in any way to undermine the legal basis for abortion rights, as expressed by the Supreme Court in Roe v. Wade, and subsequent decisions.

Based on my extensive experience as a prosecutor in the U.S. Air Force, this legislation would, however, fill a gap in our Federal laws.

Ms. COLLINS. Mr. President, it is also my understanding that at least 27 States have statutes that criminalize the killing of a fetus or an "unborn child." Am I correct in understanding that there is no legal precedent where a court has held that any of these State statues in any way undermine abortion rights of a woman, as expressed by the Supreme Court in Roe v. Wade, and subsequent decisions?

Mr. GRAHAM. The Senator from Maine is correct. There is no legal precedent where a court has concluded that any of these State statutes undermines the legal basis for abortion rights.

Ms. COLLINS. Mr. President, I have one final inquiry I would like to make of my colleague. It is my understanding that the intent behind the language of this bill, H.R. 1997, is that this bill, like those State laws, not be construed to undermine the legal basis for abortion rights.

Mr. GRAHAM. The Senator from Maine is correct.

Ms. COLLINS. I thank my colleague for making the intent in this respect clear.

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