in a couple states anyway...
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 …
I hope and pray that people come to their senses and really think about the reality of what a horrible thing abortion truly is. The damage it does to women, to men, to families, society, the world, every aspect of our lives - not to mention the lost potential and basic rights to life denied the aborted children - can no longer be denied.
As has been said before, we must come to the point where abortion will not have to be made illegal because it will be unthinkable.
Ping for life.
who woulda thunk. you’d think the fact that it is human life woulda been enough
Thanks for the ping. It will be interesting to see how this gets challenged.
I'm afraid with the liberals on the bench it doesn't stand much of a chance...one can only pray.
Depends a lot on the district and if they can get it into Federal court.
There are a lot of conservative judges in NE.
Congratulations and may God bless you and your little one.
Oh, this will go to SCOTUS if it isn’t killed right away...bank on it. The libs won’t let this become a chink in the armor.
Similar to the partial birth abortion ban, the strategy here is to force the left’s hand. Let them argue that causing a human being to physically suffer is an exercize of the mother’s right to privacy.
My son and daughter-in-law are in the same state you are in, and the women in HER family are rabidly pro-abortion and pro-gay. I worry about my grandkids. Not sure my son's influence can carry the day with them.
in a couple states anyway...
Would love to see Heineman take on Nelson for the Senate.
They try to run from the suction device. They fight to live.
Sorry, but Ben Nelson has already resolved this issue in favor of the abortionists. What were prolifers thinking in backing Nelson?
The effect of the law will promptly be put on hold by the “compassionate” leftist liberal federal courts pending trial.
Thank you.
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