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Wednesday, April 14, 2010

Nebraska Enacts First-Ever Abortion Ban Based on Fetal Pain

Excellent news. I hope many other states will follow Nebraska's lead.

Nebraska Gov. Dave Heineman signed into law today another landmark bill banning abortion after 20 weeks gestation, on the basis that an unborn child feels pain at that age. Just hours before, the Nebraska legislature had passed the legislation, the first of its kind in the United States. Pro-life advocates believe it could pose a direct and historic challenge to Roe v. Wade, the 1973 U.S. Supreme Court case that deprived the states the power to regulate or restrict abortion.

The “Pain Capable Unborn Child Protection Act” (LB 1103), authored by Speaker Mike Flood, was approved Tuesday in the Unicameral on the third and final reading of the bill, by an overwhelming pro-life majority of 44 in favor and 5 against. The governor wasted no time in signing the measure into law.

The law portends a fresh challenge and new 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.


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