Nebraska Abortion Law Challenges Roe v. Wade

Nebraska Governor Dave Heineman put his signature to an historic bill April 13 banning abortions of pre-born babies beyond 20 weeks from conception. The enactment of the legislation makes Nebraska the first state with a law directly challenging the 1973 Roe v. Wade Supreme Court decision legalizing abortion.
The Abortion Pain Prevention Act (L.B. 1103), which had near unanimous support of the state’s one-house legislature, was advanced on the strong evidence that a pre-born baby’s brain develops the sensory capacity for pain at around 21 weeks. “I feel the state has a legitimate and substantial interest in protecting the life of an unborn child at 20 weeks,” said the bill’s sponsor, State Senator Mike Flood.

Dr. Kanwaljeet Anand of the University of Arkansas Medical Center noted that extensive studies have determined that pre-born babies are “very likely” to show extreme sensitivity to pain during 20 to 30 weeks after conception. “This is based on multiple lines of evidence,” he said, “— not just the lack of descending inhibitory fibers, but also the number of receptors in the skin, the level of expression of various chemicals, neurotransmitters, receptors, and things like that.”

Dr. Jean Wright, an anesthesiologist specializing in pediatric critical care, testified to Congress that “an unborn fetus after 20 weeks of gestation has all the prerequisite anatomy, physiology, hormones, neurotransmitters, and electrical current to close the loop and create the conditions needed to perceive pain. In a fashion similar to explaining the electrical wiring to a new house, we would explain that the circuit is complete from skin to brain and back.”

Similarly, Dr. Richard T.F. Schmidt, past president of the American College of Obstetricians and Gynecologists, noted, “It can be clearly demonstrated that fetuses seek to evade certain stimuli in a manner which an infant or an adult would be interpreted as a reaction to pain.”

In addition to banning abortions beyond 20 weeks, the new law closes a loop hole that would allow a woman to cite her mental health as a reason for having an abortion past the cut-off. Striking the “mental health” exception represents a huge blow to Nebraska’s most notorious abortionist, LeRoy Carhart, who reportedly performs abortions at 22 weeks and later if medical or mental justification can be found. Abortion opponents expressed their hope that the new law would force Carhart to close up shop in Nebraska.

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I’m proud of Nebraska. I really hope they can do something like overturn that law-which, in my opinion, was among the worst supreme court decisions in history.

As a pro-life advocate I am truly grateful for this new development. Praise God! I hope and pray that awareness is spread to the President elect eventually so that this senseless murder of innocents can start declining and eventually stop. 50 Million + dead in the womb since Roe VS Wade is a really big deal. Good going Dave Heineman and the rest.

This is not a challenge to Roe v Wade. The Roe v Wade decision specifically states that States can regulate abortion during the second trimester and even prohibit it in the third trimester (and/or when the fetus becomes viable) except in cases when the mother’s health is at risk. What the Nebraska law challenges is the decision in Doe v Bolton in which the Supreme Court defined the health criteria, in part, as psychological. Roe v Wade isn’t going anywhere.

If I was betting, I’d be more certain about eternal damnation for folks who keep this going. Baby killing will end. I’m certain about that too.

The article is also misleading because the law doesn’t ban all abortions after 20 weeks. There is an exception for those abortions deemed “medically necessary” which this law defines as purely physical. Also, as previously mentioned, this law does not challenge Roe v Wade. In fact, it is in compliance with Roe v Wade. Here is the text for those interested.

Emperor is right. This is not a direct attack on Roe v. Wade, and would likely never be a vehicle for overturning the decision. What it does have the potential to do, however, is narrow the impact of the Supreme Court’s abortion jurisprudence by sharpening the teeth of the compelling government interest prong of the strict scrutiny analysis. That’s actually the safest and surest mode of attack for the state legislatures, and how any test case based on this is going to come up.

Yes that is what it does, I suppose. Hope one day though Roe v. Wade will be overturned!

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