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Federal court overturns ‘fetal pain’ law

This news story was published on March 10, 2013.
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Human fetus

Human fetus

WASHINGTON, March 10 (UPI) — An Idaho federal district court ruled unconstitutional the state’s “fetal pain” law — a law banning most abortions after 20 weeks.

The fetal pain laws, which allege that fetuses 20 weeks and older experience pain, have been enacted in a growing number of states and fly in the face of the 1973 landmark U.S. Supreme Court decision of Roe v. Wade, which legalized abortion up until fetal viability at 23 or 24 weeks of gestation, Washington’s Politico reported Friday.

“This ruling is a warning to other states around the country that are passing bans on abortion that are unconstitutional and dangerous for women,” said Cecile Richards, president of Planned Parenthood Action Fund.

Many experts in the abortion debate, however, say states’ fetal pain laws could end up in the Supreme Court.

“We have always recognized that it will take a decision by the Supreme Court to allow expanded protection of unborn children capable of feeling pain, and there are strong indications that five of the sitting justices would look with sympathy on a law providing such protection,” said Mary Spaulding Balch, director of state legislation for the National Right to Life Committee, which helped to craft the model legislation used in Idaho.

Balch said there will be an appeal of Wednesday’s decision in Idaho to the 9th Circuit Appellate Court.


Copyright 2013 United Press International, Inc. (UPI).

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5 Responses to Federal court overturns ‘fetal pain’ law

  1. Avatar

    Katie Reply Report comment

    March 11, 2013 at 11:18 am

    I hate the idea of late-term abortions. Personally, I would like to see them outlawed after week 8 when the body is fully formed. I do believe in late-term abortions in the case where a baby has untreatable defects incompatible with life, where the woman was raped, or where the woman will die if she does not have an abortion and the baby is not far along enough in gestation to be delivered alive. I think late-term abortions in other cases are unbelievably selfish. I know married couples who have given up children that were unplanned that they couldn’t afford. They knew they would be better off with parents who could not have children who could give them far better lives.

  2. Avatar

    LVS Reply Report comment

    March 11, 2013 at 8:42 am

    I have said it before and I’ll say it again. No one has the right to tell another person what to do with their body. Only the woman involved should be able to say if she wants an abortion or not. It is my issue with the Republicans and anyone else that tells other people what is good for them.

  3. Avatar

    maybe Reply Report comment

    March 11, 2013 at 1:16 am

    A step forward for legalized murder.

  4. Avatar

    sickastupd Reply Report comment

    March 10, 2013 at 7:32 pm

    And a giant step FORWARD for women.

  5. Avatar

    btincc Reply Report comment

    March 10, 2013 at 7:02 pm

    A giant step back for man. 🙁