Tuesday, May 18, 2010


measures such as an incubator.Also, it a process of self-discoverycodifies a state rule that the required second opinion on whether late-term abortions are necessary come from doctors in Kansas.Attempts to restrict abortion aonly the worldcross the country aren't unusual — in Oklahoma, for example, new laws on abortions have been approved this year including a ban on abortions based on the gender of the child and tighter restrictions on the use of the RU-486 abortion pill.South Dakota voters in 2006 and 2008 turned down proposals to ban abortion outright. Impossible made possible
Nebraska's law barring abortions after 20 weeks is sure to be challenged in court. Carhart has suggested he might do so. In January, he told The Associated Press, "they can pass any law they want to ... and sped millions of dollars to go to court and lose."the future is always color
A spokesman for Carhart said this week that he has no plans to leave Nebraska, but is exploring his options and isn't ruling out a move to Kansas. feelthenewspace
The switch from viability to fetal pain in justifying abortion limits raises fresh legal issues.bortion opponents say a 2007 U.S. Supreme Court ruling upholding a federal ban on certain late-term abortions opens the door for such legislation because it suggests states have an interest in protecting fetuses. They also say new studies and testimony from doctors prove fetuses feel pain at 20 weeks.
The argument used to justify the 20-week ban is based on the testimony of some doctors, some of it given during a 2005 congressional hearing. They contend there is substantial evidence that by 20 weeks, fetuses seek to evade stimuli in a way that indicates they are experiencing pain.
"The Nebraska Legislature has taken a bold step which should ratchet up the abortion debate across the nation," Nebraska Right to Life director Julie Schmit-Albin said. "What we didn't know in 1973 in Roe versus Wade ... we know now." The American College of Obstetricians and Gynecologists, however, says it knows of no legitimate evidence that fetuses experience pain at that stage.
"There is certainly no solid scientific evidence establishing that a fetus can perceive pain at these earlier stages, so any court decisions to uphold such broader laws could only do so by disregarding the importance of good scientific evidence," said Caitlin Borgmann, a law professor at The City University of New York. The U.S. Supreme Court would have to overturn earlier abortion-related rulings to uphold the Nebraska law, Borgmann said, including a 1992 ruling in Planned Parenthood v. Casey that upheld the right of women to have abortions before fetuses were viable.