H.R. 776 (109th): Sanctity of Life Act of 2005

The text of the bill below is as of Feb 10, 2005 (Introduced).

Source: GPO

HR 776 IH

109th CONGRESS

1st Session

H. R. 776

To provide that human life shall be deemed to exist from conception.

IN THE HOUSE OF REPRESENTATIVES

February 10, 2005

Mr. PAUL (for himself, Mr. GARRETT of New Jersey, and Mr. BARTLETT of Maryland) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To provide that human life shall be deemed to exist from conception.

    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 `Sanctity of Life Act of 2005'.

SEC. 2. FINDING AND DECLARATION.

    (a) Finding- The Congress finds that present day scientific evidence indicates a significant likelihood that actual human life exists from conception.

    (b) Declaration- Upon the basis of this finding, and in the exercise of the powers of the Congress--

      (1) the Congress declares that--

        (A) human life shall be deemed to exist from conception, without regard to race, sex, age, health, defect, or condition of dependency; and

        (B) the term `person' shall include all human life as defined in subparagraph (A); and

      (2) the Congress recognizes that each State has the authority to protect lives of unborn children residing in the jurisdiction of that State.

SEC. 3. LIMITATION ON APPELLATE JURISDICTION.

    (a) In General- Chapter 81 of title 28, United States Code, is amended by adding at the end the following new section:

`Sec. 1260. Appellate jurisdiction; limitation

    `Notwithstanding the provisions of sections 1253, 1254, and 1257, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any case arising out of any statute, ordinance, rule, regulation, practice, or any part thereof, or arising out of any act interpreting, applying, enforcing, or effecting any statute, ordinance, rule, regulation, or practice, on the grounds that such statute, ordinance, rule, regulation, practice, act, or part thereof--

      `(1) protects the rights of human persons between conception and birth; or

      `(2) prohibits, limits, or regulates--

        `(A) the performance of abortions; or

        `(B) the provision of public expense of funds, facilities, personnel, or other assistance for the performance of abortions.'.

    (b) Conforming Amendment- The table of sections at the beginning of chapter 81 of title 28, United States Code, is amended by adding at the end the following new item:

      `1260. Appellate jurisdiction; limitation.'.

SEC. 4. LIMITATION ON 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. 1370. Limitation on jurisdiction

    `Notwithstanding any other provision of law, the district courts shall not have jurisdiction of any case or question which the Supreme Court does not have jurisdiction to review under section 1260 of this title.'.

    (b) Conforming Amendment- The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item:

      `1370. Limitation on jurisdiction.'.

SEC. 5. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of the enactment of this Act, and shall apply to any case pending on such date of enactment.

SEC. 6. SEVERABILITY.

    If any provision of this Act or the amendments made by this Act, or the application of this Act or such amendments to any person or circumstance is determined by a court to be invalid, the validity of the remainder of this Act and the amendments made by this Act and the application of such provision to other persons and circumstances shall not be affected by such determination.