The transcript was from the trial in the Southern District of New York brought
by the National Abortion Federation and several abortion doctors
http://www.umass.edu/legal/Arons/Spring05/397N/LATETERMABORTIONNYEDIT.pdf
The Act prohibits any physician in the United States, “in or affecting interstate or foreign Commerce [from] knowingly perform[ing] a partial-birth abortion.” 18 U.S.C. § 1531(a). Partial-birth abortion is defined under the Act as: an abortion in which the person performing the abortion (A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and (B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
…The Act applies regardless of the stage of pregnancy and thus bans partial-birth abortions both before and after fetal viability. The Act subjects physicians to possible criminal and civil penalties. A violation of the statute constitutes a felony that carries a sentence of not more than two years’ imprisonment, and/or a fine. Terms also used to describe the procedure include “dilation and extraction” or “D&X,” “intact dilation and evacuation” “intact D&X,” “intact dilation and extraction,” “intact dilation and evacuation,” the “intact variation of D&E,” and “the breech extraction variant of D&E.” …As one physician who submitted written testimony to Congress stated, “[T]here is no uniformly accepted medical terminology for the [abortion] method that is the subject of this legislation.” (Partial-Birth
Abortion Ban Act of 2002: Hearing Before the Subcommittee on the Constitution of the House Committee on the Judiciary, 107th Cong. 52 (July 9, 2002) [July 2002 Hearing] (testimony of Dr. Pamela Smith); …However, “partialbirth abortion” is a frequently used legal term as demonstrated by the many state statutes to employ it. See Stenberg v. Carhart, 530 U.S. 914, 994-95 (2000) (Thomas, J
Each of the plaintiffs’ witnesses was well-versed in the grisly art of abortion.
Dr. Timothy Johnson, a plaintiff in the case, is chair of the department
of obstetrics and gynecology at the University of Michigan Medical School.
He has perform
ed second-trimester dismemberment abortions and observed
partial-birth abortions, and was offered as an expert witness for the plaintiffs.21
From your links:
The article was written in 2004, and was in reply to a protest on the ban of partial birth abortions, a ban which had already been enacted.
Testiomy was offered regarding the technique that was used prior to the ban, as is evidenced by the past tense usage in the testimony.
The testimony in no way implies or states that in 2004, the technique is still being used. The doctor giving the testimony referrs to a technique he "observed" being performed by another doctor prior to the ban.
Once again, the entire article is about protesting the
existing ban. Which simply supports the fact that the procedure has been banned.
