Wednesday, April 14th, 2010


Nebraska passed and signed a bill into law Tuesday April 13 that prohibits abortion after 20 weeks on the basis that fetuses at that stage of development can feel pain.  This law directly challenges the Supreme Court’s 1992 Casey decision, in which they said a state cannot place an undue burden on a woman’s right to an abortion prior to the point of viability, which is currently ~22-24 weeks.  This law, then, directly challenges the Supreme Court’s ruling, offering an alternative basis for prohibiting abortion, and which results in more restrictions against abortion.  The law will surely be challenged.  If it goes all the way to the Supreme Court, Nebraska will have to persuade the court that fetuses can feel pain at 20 weeks, and that the ability to feel pain should be the standard by which an “undue burden” is judged.  We’ll have to wait and see what happens.

A 34 year old anonymous journalist writes about her abortion experience in Salon.  Her description, like so many others’, makes it clear just how emotionally damaging abortion is for women.  Can you think of any other medical procedure that causes someone so much emotional pain?  I don’t know anyone who agonizes and weeps over the decision to remove their tonsils.  The sort of response described by the author cannot be explained in terms of prior moral sentiments against abortion because the author is clearly pro-choice, and expresses no regret for having an abortion.  Shouldn’t it be obvious that abortion is immoral when even those who think it is morally benign cannot convince their emotions that this is true?  

This is a painful, but good read (despite the very political ending which seems quite out of place and irrelevant).

HT: Jivin Jehoshaphat