This paper describes a legal brief by Tamara F. Kushnir entitled 'Comment: It's My Body, It's My Choice: The Partial-Birth Abortion Ban Act of 2003' from the "Loyola University Chicago Law Journal",
Summer, 2004.
Written in 2005; 970 words; 1 sources; MLA; $ 34.95
Paper Summary:
This paper presents a progression of many cases by which Tamara F. Kushnir, in her legal brief from the "Loyola University Chicago Law Journal", establishes a history of the right to privacy and therefore the right to an abortion. The author then reviews Kushnir's analysis of the 2003 Partial Birth Abortion Ban Act (PBABA) and summarizes Congress' 15 declarations in this law. The paper relates that the final section of this article is the author's argument that the PBABA is unconstitutional because it does not only limit D&X, aka a partial-birth abortion, there is not an adequate health exception, it is an undue burden and the legislative findings are in conflict with the Stenberg decision. The author reports that Kishnir states that the deference should be based on 'City of Boerne v. Flores' and 'Dickerson v. U.S.', which said that legislative findings should not overrule a Constitutional provision.
From the Paper:
"In the PBABA, Congress was sure to present Congressional Findings in support of the Act. In fact, the author states that Congress dedicated 5 paragraphs to explaining how the Supreme Court should give high deference to the findings. The cases that were cited in support of deference to Congressional Findings were Anderson v. Bessemer City, Katzenbach v. Morgan, and Turner Broadcasting Systems, Inc. v. FCC. Anderson v. Bessemer City set a precedent that the trial courts findings of fact have deference over a reviewing court."
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