In 2010 Nebraska became the first state to pass a law requiring abortionists to screen mothers for known psychological and physiological risk factors that might increase the likelihood of her having post-abortion complications.

No surprise, Planned Parenthood sued to enjoin the law, known as The Women’s Health Protection Act.

Later in 2010 District Court Judge Laurie Smith Camp, a G. W. Bush appointee, enjoined the law, stating it was too vague.

At this point Nebraska Right to Life and the Nebraska Catholic Conference agreed with Nebraska Attorney General Jon Bruning not to appeal the decision.

“We decided we would instead look at the possibility of reintroducing the legislation in a way that meets the court’s standards,” Greg Schleppenbach, State Director of NCC, told me today.

But Nebraskans United for Life, represented by attorney Andy Schlafly, Phyllis’ son, went forward with the now failed appeal.

Nevertheless, the decision today was “procedural and not substantive,” wrote Clarke Forsythe, Senior Counsel for Americans United for Life, in an email to me. “It was about intervention by a interest group, not the merits of the statute.”

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