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ACOG Statement on the US Supreme Court Decision Upholding the Partial-Birth Abortion Ban Act of 2003

April 18, 2007

Washington, DC -- Despite the fact that the safety advantages of intact dilatation and evacuation (intact D&E) procedures are widely recognized—in medical texts, peer-reviewed studies, clinical practice, and in mainstream, medical care in the United States—the US Supreme Court today upheld the Partial-Birth Abortion Ban Act of 2003.

According to the American College of Obstetricians and Gynecologists' (ACOG) amicus brief opposing the Ban, the Act will chill doctors from providing a wide range of procedures used to perform induced abortions or to treat cases of miscarriage and will gravely endanger the health of women in this country.

"Today's decision to uphold the Partial-Birth Abortion Ban Act of 2003 is shameful and incomprehensible to those of us who have dedicated our lives to caring for women," said Douglas W. Laube, MD, MEd, ACOG president. "It leaves no doubt that women's health in America is perceived as being of little consequence.

"We have seen a steady erosion of women's reproductive rights in this country. The Supreme Court's action today, though stunning, in many ways isn't surprising given the current culture in which scientific knowledge frequently takes a back seat to subjective opinion," he added.

This decision discounts and disregards the medical consensus that intact D&E is safest and offers significant benefits for women suffering from certain conditions that make the potential complications of non-intact D&E especially dangerous. Moreover, it diminishes the doctor-patient relationship by preventing physicians from using their clinical experience and judgment.

"On behalf of the 51,000 ACOG members who strive to provide the very best possible medical care to the women we serve, I can only hope that in the future, science will again be at the core of decision-making that affects the life and well-being of all of us," said Dr. Laube.

The American College of Obstetricians and Gynecologists is the national medical organization representing over 51,000 members who provide health care for women.