Leading up to last year’s passage in Nebraska of a law banning abortion after 20 gestational weeks because preborn babies feel pain by that age, pro-aborts claimed it was “flatly unconstitutional,” and they would challenge it in court.
But they didn’t.
The Pain-Capable Unborn Child Protection Act breaks new legal ground. It confronts prior US Supreme Court decisions that only at viability can laws be passed to stop abortion, and it also contains no health exception, also a prior SC mandate.
Now we’re seeing pro-aborts in Kansas repeat their impotent sabre rattling re: its just-passed fetal pain law, which pro-life Gov. Sam Brownback is anticipated to sign April 13. According to the Wichita Eagle on March 30:
Planned Parenthood officials also said they think the ban on abortions in the 22nd week of pregnancy [from date of last menstrual period] is clearly unconstitutional, but the KS chapter is unlikely to challenge it in court until similar laws are tested elsewhere.
“PP of KS does not provide abortion at that point in pregnancy, so PP would not have standing to challenge the law at this point,” [Rachel] Sussman [PP senior policy analyst] said. “As other states consider abortion bans, we will be considering all of our options and a range of strategies, including litigation.”
It appears PP et al may have plenty of opportunities to consider all of their options. Fetal pain legislation is now in play all over the place.
I spoke this morning with National Right to Life’s State Legislative Director, attorney Mary Balch, the architect of the fetal pain law, who gave me a run-down of the action…
- Alabama: On the floor of the House; not yet presented in the Senate
- Idaho: Passed the Senate; 3rd reading in the House today; Gov. Otter has said he will sign but time running out for this session
- Indiana: Thought was dead but resurrected 5 days ago; imperfect version passed House; will try to fix in the Senate but time running out for this session
- Iowa: Passed House; working the bill in the Senate
- Oklahoma: Passed the House; on the floor of the Senate – anticipating a vote any day; should become law
- Massachusetts: Has been introduced
Fetal pain legislation was also introduced in Florida and Georgia this year but didn’t make it very far – this time.
Planned Parenthood is now touting a Nebraska couple as evidence fetal pain laws are inhumane. ABC News, for instance, ran a story on March 14 with the grueling title, “Danielle Deaver denied abortion even as uterus crushed fetus.” It included PP’s 10 minute video interview with them, which it would behoove pro-lifers to watch…
Without knowing the specific facts of Danielle’s pregnancy, I was concerned Danielle and her husband were given tragically bad medical advice based on the details they gave. I was not the only one. Dr. Sean Kenney, a maternal-fetal medicine specialist, wrote an op ed in the Omaha World-Herald on March 14 expressing the same concern.
The bottom line is that the Pain-Capable Unborn Child Protection Act is simply meant to protect the preborn child’s right to life. Unforeseen circumstances don’t lessen that right to life. We can empathize with parents in heartbreaking situations. But our responsibility as a society is to help them deal with the life of that child and not offer a quick fix – killing that child.