On July 29, 2002 the United States House of Representatives passed H.R. 4965, the "Partial Birth Abortion Ban Act of 2002" passed by a vote of 274-151 with one vote of present. Rep. Baldwin (D-WI) and Rep. Jackson Lee (D-TX) offered a motion to recommit the legislation which would have sent the bill back to committee to add a health exception to the legislation identical to the Supreme Court's language in Stenberg v. Carhart. This motion failed by a vote of 241-187.

All of Maryland Congressional Representatives voted to send the bill back to committee to include the health exception, with the notable exception of Reps. Bartlett and Bob Ehrlich.

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