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A Strategy for the Next Supreme Court Abortion Battle?
ABC News / Politics ^ | April 6, 2010 | Ariane de Vogue

Posted on 04/06/2010 3:23:38 PM PDT by backwoods-engineer

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. [...] "This bill is about recognizing that the state has an interest in an unborn child who is capable of feeling pain," Mary Spaulding Balch of the National Right to Life Committee said.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; News/Current Events; US: Nebraska
KEYWORDS: 10thamendment; abortion; roevwade; supremecourt
This is the way: use state's rights and the 10th to stop infanticide.
1 posted on 04/06/2010 3:23:38 PM PDT by backwoods-engineer
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To: backwoods-engineer
Don't fool yourself, Obama will get ANYONE he wants nominated.

But the left is WAY overdue to pick a closet conservative or someone who grows to become more conservative with time.

2 posted on 04/06/2010 3:58:50 PM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: backwoods-engineer

Here’s the scoop: I was a freshman in law school in 1973...Roe v. Wade was all the talk in January 1974..studied and debated and discussed...and all based upon the belief that a “fetus” cannot be viable. So therefore it is not a human being. “Viability” was the measure by which the Sup Ct decided the issue. Well, I have 5 kids, and none of them were viable until they got a job. Using viability as the standard is a mistake, and Justice Marshall knew it...but his daughter had experienced a back-alley abortion, and he didn’t want others to do the same, so his opinion made abortion legal. Another liberal cop out to evade personal responsibility for an individual act. Unless you are raped, getting pregnant is a willful act. How about we require individuals to accept responsibility for their actions?


3 posted on 04/06/2010 4:04:08 PM PDT by majormaturity
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To: majormaturity
How about we require individuals to accept responsibility for their actions?

<SARC>Well! Aren't YOU the fount of all compassion!</SARC>

4 posted on 04/06/2010 6:09:40 PM PDT by HKMk23 (The Democrat Legacy: Hoax and Chains)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
...a Nebraska bill that's wending its way through the legislature this week... seeks to make abortions illegal after the 20th week of pregnancy... 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.

5 posted on 04/06/2010 6:12:51 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: backwoods-engineer

Kennedy holds the key in his hands.


6 posted on 04/06/2010 6:20:16 PM PDT by wastedpotential (McCain always said I was an agent of intolerance - but in 2008 those like me tolerated him most)
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To: backwoods-engineer

Makes me even more home sick.


7 posted on 04/06/2010 6:34:18 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: majormaturity
Law does eventually catch up to technology (courts know exactly how to apportion liability for a misdirected mill shaft, for example) and ultrasound has done more than all the preaching in the world to undermine support for abortion. Only the most hard-hearted, bitter, and childless feminists can make the sweeping statements of support for abortion that were heard in 1973, and, of course, these harpies are dying out. Applying the liberal notion that the courts reflect "changing public mores," then, seems to indicate that abortion's days are numbered, even given a long zombie un-life by stare decisis. Any society that forgets "women and children first" seems to be doomed to extinction, even if that society is a mere subset of society as a whole.
8 posted on 04/06/2010 6:35:57 PM PDT by mrreaganaut (Coolidge for President!)
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To: TexasFreeper2009

When has that ever happened? Can you give me a name I can wiki? Even FDR court that rejected lots of his stuff then came around for the libs.


9 posted on 04/06/2010 7:51:49 PM PDT by steve0 (My plan B: christianexodus.org/)
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To: backwoods-engineer

Wow, my first post on FR, and it all went well, with no thread police! How about that!


10 posted on 04/07/2010 6:05:57 AM PDT by backwoods-engineer ("It is error alone which needs the support of government. Truth can stand by itself." --Jefferson)
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