OMAHA, Neb. (AP) — Abortion rights foes emboldened by a new Nebraska law that restricts late-term procedures based on the disputed notion that fetuses can feel pain after 20 weeks are pushing for similar legislation in other states, particularly those where Republicans won big in November
Nebraska's law, which took effect Oct. 15, outlaws abortion after 20 weeks of pregnancy based on the disputed claim that fetuses can feel pain after that point. It is a departure from the standard of viability, established by the 1973 landmark ruling in Roe v. Wade, which allows states to limit abortions in cases where there's a viable chance the fetus could survive outside of the womb, generally considered to be between 22 and 24 weeks.
Dr. LeRoy Carhart, one of the nation's few late-term abortion providers who runs a clinic near Omaha, and his backer, the New York City-based Center for Reproductive Rights, have threatened to challenge the Nebraska law in court. Dionne Scott, a spokeswoman for the center, said it would file a challenge "when the circumstances are appropriate." But losing such a challenge would risk having the court throw away the viability standard in favor of a pain standard, which could be further lowered should it be proven fetuses feel can feel pain earlier than 20 weeks
While some doctors contend that fetuses can feel pain after 20 weeks, the American Congress of Obstetricians and Gynecologists says it knows of no legitimate evidence showing a fetus can ever experience pain. It says a fetus' brain begins its final stage of development between the 20th and 40th weeks of pregnancy, and that certain hormones that develop in the final trimester also must be present for it to feel pain. It's not known exactly when those hormones form.
"Once it gets to the floor, we know it's going to pass,"
"This issue bridges party lines," he said. "Whether you're a pro-choice Republican or pro-choice Democrat, it doesn't matter. When you talk about killing a baby at 16-20 weeks, that's pretty far along and I think that's something everyone can get behind."
While not mentioning fetal pain specifically, Dwyer said: "We're going to look at all options to address the issue of late-term abortions in this state. I think it's a travesty that we continue to allow that and that we've never addressed it legislatively."