HR 3691 IH

To provide that the inferior courts of the United States do not have jurisdiction to hear partial-birth abortion-related cases.

February 16, 2000

Mr. PAUL (for himself, Mr. BAKER, and Mr. RYUN of Kansas) introduced the following bill; which was referred to the Committee on the Judiciary

To provide that the inferior courts of the United States do not have jurisdiction to hear partial-birth abortion-related cases.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Partial Birth Abortion and Judicial Limitation Act of 2000'.

SEC. 2. REMOVAL OF PARTIAL-BIRTH ABORTION-RELATED CASES FROM FEDERAL DISTRICT COURT JURISDICTION.

(a) IN GENERAL- Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section:

`Sec. 1369. Removal of jurisdiction over partial-birth abortion-related cases

`(a) IN GENERAL- The district courts of the United States, the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands shall not have jurisdiction to hear or determine any partial-birth abortion-related case.

`(b) DEFINITION- For purposes of this section, the term `partial-birth abortion-related case' means any action in which any requirement, prohibition, or other provision relating to partial-birth abortion that is contained in a State or Federal statute is at issue.'.

(b) CONFORMING AMENDMENT- The table of contents for chapter 85 of title 28, United States Code, is amended by adding at the end the following new item:

`1369. Removal of jurisdiction over partial-birth abortion-related cases.'.

SEC. 3. REMOVAL OF PARTIAL-BIRTH ABORTION-RELATED CASES FROM FEDERAL CLAIMS COURT JURISDICTION.

(a) IN GENERAL- Chapter 91 of title 28, United States Code, is amended by adding at the end the following new section:

`Sec. 1510. Removal of jurisdiction over partial-birth abortion-related cases

`(a) IN GENERAL- The United States Court of Federal Claims shall not have jurisdiction to hear or determine any partial-birth abortion-related case.

`(b) DEFINITION- For purposes of this section, the term `partial-birth abortion-related case' means any action in which any requirement, prohibition, or other provision relating to partial-birth abortion that is contained in a State or Federal statute is at issue.'.

(b) CONFORMING AMENDMENT- The table of contents for chapter 91 of title 28, United States Code, is amended by adding at the end the following new item:

`1510. Removal of jurisdiction over partial-birth abortion-related cases.'.

SEC. 4. CONSTITUTIONAL JURISDICTION.

This Act is proposed in accordance with article 3, section 2, of the Constitution of the United States of America.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act shall apply to cases filed on or after the date of the enactment of this Act.

END