- The Washington Times - Tuesday, April 6, 2004

LINCOLN, Neb. (AP) — A type of abortion banned under a new federal law would cause “severe and excruciating” pain to 20-week-old fetuses, a medical expert on pain testified yesterday.

“I believe the fetus is conscious,” said Dr. Kanwaljeet Anand, a pediatrician at the University of Arkansas for Medical Sciences. He took the stand as a government witness in a trial challenging the Partial-Birth Abortion Ban Act.

Under cross-examination, Dr. Anand said he believes a less-controversial abortion procedure, known as “dilation and evacuation,” would cause the same amount of pain to a fetus. An estimated 140,000 D&Es;, the most common method of second-trimester abortion, take place in the United States annually.

Dr. Anand also said there is no medical definition of “consciousness.”

The Partial-Birth Abortion Ban Act, signed by President Bush in November, has not been enforced because judges in Lincoln, Neb., New York and San Francisco agreed to hear evidence in three simultaneous, non-jury trials on whether the ban violates the Constitution.



Dr. Anand said yesterday that fetuses show increased heart rate, blood flow and hormone levels in response to pain.

“The physiological responses have been very clearly studied,” he said. “The fetus cannot talk … so this is the best evidence we can get.”

The Bush administration has argued that the procedure, referred to by opponents as “partial-birth abortion,” is “inhumane and gruesome” and causes the fetus to suffer pain.

During the procedure, which doctors call “intact dilation and extraction” or D&X;, a fetus is partially removed from the womb, its skull is punctured and the brain removed. It is generally performed in the second trimester.

Abortion-rights advocates argue that it is sometimes the safest procedure for women, and that the law will endanger almost all second-trimester abortions, or 10 percent of the nation’s 1.3 million annual abortions.

The law would be the first substantial limitation on abortion since the Supreme Court legalized it 31 years ago in the landmark Roe v. Wade case.

Challenges to the ban were filed by several doctors being represented by the Center for Reproductive Rights, the National Abortion Federation and the Planned Parenthood Federation of America.

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