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Breaking News: First-Ever Abortion Ban Based on Fetal Pain Passes in Nebraska
Life Site News ^ | April 13, 2010 | Peter J. Smith

Posted on 04/13/2010 3:25:08 PM PDT by NYer

OMAHA, Nebraska, April 13, 2010 (LifeSiteNews.com) - The Nebraska legislature has given final approval to a new law banning abortion after 20 weeks gestation on the basis that an unborn child feels pain at that age.

The new law is the first of its kind in the United States and pro-life advocates believe it could pose a direct and historic challenge to the 1973 Roe v. Wade case, which deprived the states the power to regulate or restrict abortion.

The “Pain Capable Unborn Child Protection Act” (LB 1103), authored by Speaker Mike Flood, passed Tuesday on the third and final reading of the bill by an overwhelming pro-life majority of 44 in favor and 5 against.

Gov. Dave Heineman is expected to sign LB 1103 into law.

The law’s passage is especially historic, because it portends a fresh new challenge and look at the U.S. Supreme Court’s 1973 Roe v. Wade and Doe v. Bolton cases, which led to the virtual legalization of abortion on demand. The Nebraska law applies a different standard – that of the unborn child’s ability to feel pain - for restricting abortion, while the high court used the standard of what they then considered to be point of fetal viability.

"The Nebraska Legislature took a bold step today which should ratchet up the abortion debate across America," said Julie Schmit-Albin, Executive Director of Nebraska Right to Life in a statement today.

"LB 1103 creates a case of first impression for the courts to acknowledge the capability to feel pain as a compelling state interest to protect those unborn babies from an excruciatingly painful death.”

The legislation, which now awaits the governor’s signature, bans abortions after 20 weeks of post-fertilization age with two exceptions: first, when the pregnancy puts the mother in danger of death or “substantial and irreversible” physical harm to a major bodily function. The second exception was added in an amendment and allows an abortionist to perform late abortions for the sake of increasing the probability of a live birth, or to preserve an unborn child’s life and health after a live birth.

Although the topic of fetal pain is still under much discussion (and controversy, owing to its implications to the abortion debate) a growing consensus of medical knowledge has pointed to the fact that unborn infants experience pain by 20 weeks and possibly earlier. The pain may even be more acute than for older humans, as some research indicates their immature nervous systems have not developed coping mechanisms that help the body better endure pain.

The law notes that unborn children have been observed to “seek to evade certain stimuli” in a manner that “would be interpreted as a response to pain.” Additionally, the bill says unborn children exhibit “hormonal stress responses to painful stimuli” that were reduced with the application of pain medication.

Abortionists who break the law would face a Class IV felony charge, which carries a penalty of a five year maximum prison sentence, $10,000 fine, or both.

The bill would allow women and even the fathers of aborted unborn children to sue and seek damages from abortionists who violate the law.

The law, if passed and signed into law, would become operative on October 15, 2010.

Developing …


TOPICS: Breaking News; Culture/Society; Government; US: Nebraska
KEYWORDS: abortion; fetalpain; fetus; moralabsolutes; nebraska; prolife; unborn
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To: NYer
good, keep up the pressure!

If the supreme court can make executing a mass murderer illegal because of pain, maybe it will do the same for the murder of an innocent baby.

21 posted on 04/13/2010 4:00:33 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: highlander_UW
now if someone were to strike a terrorist, now that would have to be forbidden

Or a dog, or cat, or rodent, or insect...

22 posted on 04/13/2010 4:01:46 PM PDT by ican'tbelieveit (Join FreeRepublic's Folding@Home team (Team# 36120), KW:Folding)
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To: NYer

GLORY BE TO GOD IN THE HIGHEST!

Protection of the innocent, the helpless, the widow and the fatherless... This is one of the commissions from our Lord.

Today marks a notable victory on this front.

Hopefully we will one day banish abortion altogether in this country with few obvious exceptions, such as medically necessary to save the life of the mother.


23 posted on 04/13/2010 4:07:53 PM PDT by hope_dies_last
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To: NYer

I’m not so excited. cows and pigs can feel pain. How long before PETA uses this pain argument for their agenda?


24 posted on 04/13/2010 4:10:32 PM PDT by mamelukesabre (Si Vis Pacem Para Bellum (If you want peace prepare for war))
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To: NYer

Praise the Lord!


25 posted on 04/13/2010 4:14:06 PM PDT by FrdmLvr ( 0bama: Our first AINO president)
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To: Spudx7

Congratulations. I thought as you-— science should be able to prove pain to a fetus earlier than this. If this law passes in other states, I think scientists will develop better means to determine pain sensitivity in fetuses.

Also, shouldn’t this same argument be persuasive to strike down partial-birth abortion?


26 posted on 04/13/2010 4:18:06 PM PDT by thouworm
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To: NYer

Good first step.
What’s the difference between the murder of Adam Walsh and partial birth abotion?
Nothing. This evil must stop.


27 posted on 04/13/2010 4:18:15 PM PDT by RedMDer (0 = one D Ten T : Recycle Congress in 2010, 2012... Forward with Confidence! Forward!)
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To: NYer

Thank God!

I know they feel pain and ask any person who runs an ultrasound. My baby was just 10 weeks, it totally irked her that the ultrasound tech was pressing on her small space. To the point where the ultrasound tech and I were rolling on the floor laughing because her irration was so obvious (she flipped from one side to her other side, then back again).

If her “space” being invaded irked her so much, I’m pretty sure being cut up and sucked out would have been murdering her.

If you think abortion is okay, talk to an ultrasound tech.

I challenge any ultrasound tech to oppose abortion.


28 posted on 04/13/2010 4:19:07 PM PDT by ozarkgirl
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To: NYer

Thats fantastic, now I hope it passes in the courts.....


29 posted on 04/13/2010 4:29:07 PM PDT by goat granny
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To: NYer

God bless Nebraskans.


30 posted on 04/13/2010 4:38:16 PM PDT by rae4palin (RESIST--REPEAL--IMPEACH)
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To: NYer

Pro-Life bump


31 posted on 04/13/2010 4:38:37 PM PDT by Dajjal (Justice Robert Jackson was wrong -- the Constitution IS a suicide pact.)
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To: goat granny

Speaking of the courts this is the article in the Omaha World Herald. There is a a baby killing factory headed by Leroy Carhart (late term abortionist) in Bellevue Ne just South of Omaha that will like a fight this like Huns on meth.

http://omaha.com/article/20100413/NEWS01/704149955#heineman-signs-abortion-bills


32 posted on 04/13/2010 4:41:47 PM PDT by hatfieldmccoy (The Obama beat down of America continues)
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To: NYer

Deo gratias! Excellent idea, i.e., feeling pain, because it opens the door to recognizing the humanity of the baby.

Extending the idea: Death panels should be banned because they evoke emotional pain and suffering in the elderly.


33 posted on 04/13/2010 4:43:08 PM PDT by eens (beware the errors of Russia)
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To: NYer

Ditto. The myth that the abortion community created in the 70’s about the absense of fetal pain is finally being taken on.


34 posted on 04/13/2010 4:47:45 PM PDT by dools007
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To: Go Gordon

The basis for “viability” in Roe v. Wade has long since been eclipsed. Premies are being kept alive early in the second trimester. Perhaps there is someone out there who can be more precise.


35 posted on 04/13/2010 4:51:40 PM PDT by dools007
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To: NYer

**The law’s passage is especially historic, because it portends a fresh new challenge and look at the U.S. Supreme Court’s 1973 Roe v. Wade and Doe v. Bolton cases, which led to the virtual legalization of abortion on demand**

Extremely good news. Just a little morself of good news, but, nevertheless, good news!


36 posted on 04/13/2010 4:54:06 PM PDT by Salvation ( "With God all things are possible." Matthew 19:26)
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To: NYer

This is great and I hope they win all of their court battles. My ONLY concern is that, if the pro death crowd can prove they have developed a painkiller that numbs the unborn child to the pain of abortion before they peform the procedure, then it kind of eradicates the basis for the law.

I’m just saying that is my only concern here. You know, “OK, the kid is juiced up on morphine, so get the hangar and vacuum.”


37 posted on 04/13/2010 4:54:36 PM PDT by Freedom_Is_Not_Free (Bye bye Miss American Freedom. When did we vote for Communism?)
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To: NYer
good. the same RATS that say it's cruel to stick a needle into a MURDERER cause he MIGHT feel some pain, think absolutely NOTHING of literally tearing the unborn apart limb from limb...
38 posted on 04/13/2010 5:12:00 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: wagglebee

Maybe it is time to return home to Nebraska.


39 posted on 04/13/2010 5:22:33 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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Comment #40 Removed by Moderator


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