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To: NYer; Ohioan from Florida; Goodgirlinred; Miss Behave; cyn; AlwaysFree; amdgmary; angelwings49; ...
Great news out of Nebraska!

Threads by NYer and me.

Breaking News: First-Ever Abortion Ban Based on Fetal Pain Passes in Nebraska

OMAHA, Nebraska, April 13, 2010 ( - The Nebraska legislature has given final approval to a new law banning abortion after 20 weeks gestation on the basis that an unborn child feels pain at that age.

The new law is the first of its kind in the United States and pro-life advocates believe it could pose a direct and historic challenge to the 1973 Roe v. Wade case, which deprived the states the power to regulate or restrict abortion.

The “Pain Capable Unborn Child Protection Act” (LB 1103), authored by Speaker Mike Flood, passed Tuesday on the third and final reading of the bill by an overwhelming pro-life majority of 44 in favor and 5 against.

Gov. Dave Heineman is expected to sign LB 1103 into law.

The law’s passage is especially historic, because it portends a fresh new challenge and look at the U.S. Supreme Court’s 1973 Roe v. Wade and Doe v. Bolton cases, which led to the virtual legalization of abortion on demand. The Nebraska law applies a different standard – that of the unborn child’s ability to feel pain - for restricting abortion, while the high court used the standard of what they then considered to be point of fetal viability.

"The Nebraska Legislature took a bold step today which should ratchet up the abortion debate across America," said Julie Schmit-Albin, Executive Director of Nebraska Right to Life in a statement today.

"LB 1103 creates a case of first impression for the courts to acknowledge the capability to feel pain as a compelling state interest to protect those unborn babies from an excruciatingly painful death.”

The legislation, which now awaits the governor’s signature, bans abortions after 20 weeks of post-fertilization age with two exceptions: first, when the pregnancy puts the mother in danger of death or “substantial and irreversible” physical harm to a major bodily function. The second exception was added in an amendment and allows an abortionist to perform late abortions for the sake of increasing the probability of a live birth, or to preserve an unborn child’s life and health after a live birth.

Although the topic of fetal pain is still under much discussion (and controversy, owing to its implications to the abortion debate) a growing consensus of medical knowledge has pointed to the fact that unborn infants experience pain by 20 weeks and possibly earlier. The pain may even be more acute than for older humans, as some research indicates their immature nervous systems have not developed coping mechanisms that help the body better endure pain.

The law notes that unborn children have been observed to “seek to evade certain stimuli” in a manner that “would be interpreted as a response to pain.” Additionally, the bill says unborn children exhibit “hormonal stress responses to painful stimuli” that were reduced with the application of pain medication.

Abortionists who break the law would face a Class IV felony charge, which carries a penalty of a five year maximum prison sentence, $10,000 fine, or both.

The bill would allow women and even the fathers of aborted unborn children to sue and seek damages from abortionists who violate the law.

The law, if passed and signed into law, would become operative on October 15, 2010.

Developing …

Late-Term Abortion Practitioner LeRoy Carhart Hampered by New Nebraska Pro-Life Laws

Bellevue, NE ( -- LeRoy Carhart, one of the few late-term abortion practitioners left in the wake of the death of George Tiller, has to be frustrated by legislation in Kansas and Nebraska that makes continuing or expanding his abortion business more difficult. Nebraska yesterday saw two new pro-life bills go into law that adversely affect his business.

In Nebraska, one new law makes abortion practitioners engage in better screening and gives women a chance to file lawsuits over post-abortion mental health problems.

The other bans abortions after 20 weeks of pregnancy because unborn children can feel pain.

Operation Rescue president Troy Newman tells the legislation will hamper Carhart's abortion business when they go into effect in October.

"We are extremely happy that the Nebraska fetal pain bill has been signed into law, along with another that will require mental health screening for abortion patients. These laws will essentially ban all abortions beginning at 20 weeks when it has been determined that pre-born babies can feel pain," he said.

Last year, Carhart threatened to reopen an abortion clinic in Kansas and continue post- viability abortions after the closure of Women's Health Care Services that Tiller ran.

Operation Rescue launched a campaign that successfully prevented Carhart from coming back to Kansas where he had worked for over 10 years doing abortions on women in their latest stages of pregnancy.

"It soon became clear that Carhart planned instead to conduct the late-term abortions at his existing clinic in Bellevue, Nebraska," Newman said. "[We] later confirmed that Carhart has in fact been doing a small number of post- viability abortions in Nebraska, possibly as late as the thirtieth week of pregnancy."

In response, the group conducted an outreach in Nebraska last summer that garnered a great deal of publicity. During interviews generated by that event, Carhart boasted that Nebraska laws were lenient enough to allow him to conduct late-term abortions in that state.

"Those statements caught the ear of Speaker Mike Flood, who sponsored the two groundbreaking bills aimed at preventing Carhart from conducting late-term abortions while providing new protections for pre-born babies," Newman said.

Newman said the bills were passed thanks to hard work from Nebraska Right to Life and Flood and that the bills combined with complaints against Carhart, based on affidavits from former Carhart employees that were submitted by Operation Rescue, Nebraskans United for Life, and Rescue the Heartland, are hurting Carhart's abortion business.

"It is our prayer that one day soon there will be a peaceful end to Carhart's entire abortion business," he said.

Meanwhile, Julie Schmit-Albin, Executive Director of Nebraska Right to Life, agrees with the analysis.

"Speaker of the Legislature Mike Flood, like many Nebraskans, was very troubled when he heard that Carhart wanted to become the go-to late term abortionist of the Midwest after George Tiller's death last summer." said Schmit-Albin. "Carhart moonlighted with Tiller for ten years in Wichita, Kansas. Speaker Flood was in a position to do something to ensure that Nebraska does not become the late term abortion capital of the Midwest and we thank him for his diligence and leadership in introducing and prioritizing LB 1103."

"For years LeRoy Carhart has thumbed his nose at Nebraska's outdated post viability statute which contains a health exception you could drive a Mack truck through," the pro-life Nebraska leader added.

"LB 1103 creates a case of first impression for the courts to acknowledge the capability to feel pain as a compelling state interest to protect those unborn babies from an excruciatingly painful death. The more narrowly defined medical emergency exception with an objective standard should go a long way towards closing the loopholes in current Nebraska statute," she told

45 posted on 04/18/2010 10:44:39 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Ohioan from Florida; Goodgirlinred; Miss Behave; cyn; AlwaysFree; amdgmary; angelwings49; ...
That ANYONE would oppose this is sickening.

Thread by me.

North Dakota Measure Seeks to Ban Decapitation, Skull Crushing during Abortions

MINOT, North Dakota, April 14, 2010 ( – A measure to prohibit physicians from decapitating and crushing the skulls of live unborn children during abortions is seeking clearance to begin gathering signatures for the November ballot, a North Dakota grassroots pro-life organization has announced.  

Daniel Woodard, head of North Dakota's Stop Decapitation Network, filed the paperwork to the North Dakota Secretary of State and Attorney General on Tuesday.  The group aims to collect 12,844 signatures by August 4 in order to place the measure on the 2010 ballot.

"It's unconscionable and unthinkable that any physician who claims to care for the health of others would remove the heads of children or crush them and toss them in the trash," Woodard told in an interview Wednesday.

Woodard said that he was inspired to pursue the ballot initiative after reading the quotes of abortion doctors who, in federal court hearings regarding the partial-birth abortion ban, testified to decapitating and crushing the skulls of unborn infants in other types of abortions. Woodard's measure would apply not only to partial-birth abortions, but also to abortions inside the mother's womb.

During a federal district court case out of New York in 2004, abortionist Dr. Stephen T. Chasen said that “the fetal head is extracted by placing the forceps around it and crushing it.” Dr. Chasen went on to say that he did not have “any caring or concern for the fetus whose head [he was] crushing.” Dr. Carolyn Westhoff, another abortionist, said, “For the vast majority of D&Es [it is] necessary either [to] crush or collapse the fetal skull.” She told the judge she does not use the word “crush” when speaking to her patients.

According to Woodard, the initiated measure would provide a class A felony penalty to physicians participating in skull-crushing or decapitation abortions. That penalty would become a class AA felony if a skull fragment from the unborn child were to cause serious bodily injury to the mother during or following a decapitation or skull crushing abortion.

When asked about this legislation, state Rep. Dan Ruby from Minot said, “I can hardly believe these crimes happen, especially when physicians can do fetal brain surgery. Any sane American knows that life-saving physicians are supposed to do no harm, most especially not crushing or removing the skulls of children who did nothing to deserve this. I wish Stop Decapitation Network every success on this inspiring endeavor.”

The Secretary of State Al Jaeger has until Thursday, April 22 to approve the measure to begin collecting signatures.

Red River Women's Clinic (RRWC) of Fargo declined to comment to (LSN) on the legislation because they had not yet seen the initiative. RRWC, North Dakota's lone abortuary, only provides abortion until the 15th week of pregnancy - at which point the child's head is too small to purposefully crush or decapitate.

LSN's attempt to reach Planned Parenthood of Minnesota, North Dakota, and South Dakota for comment was unanswered as of press time.

Woodard said he had spoken to about ten state legislators, and had so far only found support for his anti-decapitation measure. "Even if a legislator was against it, I doubt he'd say it, it would be unpopular," he noted, adding that "even the most liberal newspapers in the state" have had fair coverage.

"It's because they have to be, because the way the bill is framed, [the media] can't really say 'these are evil anti-choicers who hate women,'" he said.

Woodard said he chose the ballot route instead of the legislature to expedite the process: the soonest that it could become law legislatively would be in the summer of 2011, "whereas if I put it on this November ballot, it becomes law right away," he said. Even should the ballot initiative fail, he said, he would "absolutely" expect to see state legislators take up the measure.

46 posted on 04/18/2010 10:47:23 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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