Pending Nebraska Legislation Focuses on Fetus Pain and Viability

[The Straight Story]

A Strategy for the Next Supreme Court Abortion Battle?
Pending Nebraska Legislation Focuses on Fetus Pain and Viability


Activists on both sides of the abortion debate are carefully eyeing a Nebraska bill that's wending its way through the legislature this week. They wonder if a proposed ban might end up as the subject of the next Supreme Court abortion battle.

The road to every major Supreme Court decision on a divisive social issue is littered with hundreds of hours of strategy sessions by lawyers, politicians and activists probing pending legislation to see if it has the potential to become a court challenge.

The Nebraska bill -- which seeks to make abortions illegal after the 20th week of pregnancy -- is no different. The bright-line rule is necessary because of some medical evidence that a fetus can feel pain at that stage of gestation, sponsors of the legislation say.

The legislation has drawn national attention from groups such as the Center for Reproductive Rights, which sees it as a direct challenge to Roe v. Wade, the 1973 case that legalized abortion. If the legislation passes, Nebraska will be the first state to ban abortions based on the controversial notion that a fetus can feel pain at 20 weeks. State law now has a post-viability ban on abortion but defines viability on a case-by-case basis.

http://abcnews.go.com/Politics/Supreme_Court/nebraska-abortion-bill-supreme-court-battle/story?id=10298460

On the pain issue - when does one feel pain?

[Brickbat]

1. On the 20 week issue -- who knows exactly when they conceive?

You can make a pretty good guess, but even fetal size doesn't pinpoint it.

[damntexdem]

2. Brain birth is at about 22 weeks.

Before that, there may be reactions in parts of the body, but there can be no pain because there is nothing to 'feel' pain.

[Maru Kitteh]

6. Brain birth is a term I've never heard used before. That's interesting but I have to wonder

about the use of the word "birth" in reference to the brain. My concern is that it implies that there is some grand moment where suddenly capabilities that did not exist a few hours earlier in the fetus, suddenly do. Like brain death, it seems brain "birth" would best be described not as an event with a boundary, but a process.

I'm very happy with the current standard of viability and believe it should, and will stand.

[activa8tr]

3. Don't the people of Nebraska have anything more important to think about

on those long cold winter nights? Don't they have planting to do ? Don't they have a basketball team in the final four or something they can spend their time worrying about?

Honestly, is THIS all they obsess about all year long?

What about things like education, the economy, the environment, health care for the living? All those issues could take up all their time and they worry about when a fetus is sentient? (grown up word for having a sense of touch and pain)

Who elects these religious zealots? Other zealots, I guess.

[Maru Kitteh]

5. Bashing every single person in Nebraska as a fundie zealot farmer is SO enlightened of you.

One of Nebraska's electoral college votes went to Obama in '08. How many other red states can say that?

Your crack about "grown up" words is the cherry atop the crap sundae of your condescending shitwittery.

[pipi_k]

4. I don't know when a fetus feels "pain", but...

let's just say for the sake of argument that they do.

Right from the moment of conception, even.


In their world, the momentary "pain" caused by an abortion must trump the ongoing pain of an unwanted child who could possibly experience years and years of physical and/or psychological abuse.


Only in Fuckhead world would something like that make sense....

:eyes: