Just last week the Nebraska state legislature by a vote of 44-5 passed landmark legislation—The Pain-Capable Unborn Child Protection Act—setting a demarcation line on abortion services based on a substantial body of biomedical research that indicates unborn children can feel pain at 20 weeks. Governor Dave Heinemen (R-NE) signed the bill into the law, which will take effect this October. Once the law is enforced, abortion services will be illegal at and after 20 weeks gestation with exceptions only in cases of the threat of death to the mother or a serious risk of “substantial and irreversible physical impairment of a major bodily function.” Rape and incest are not included as valid exceptions. It is clear from this that there is a dual effort to skirt around the requirements of Roe and avoid the very broad exception of a woman’s “health” that in practice acts as a smokescreen for all elective abortions.
This law is the first of its kind in the United States, basing its restriction on abortion on fetal pain and not on arbritrary notion of fetal”viability.” Without any surprise, pro-choice lobbyists and lawyers are going to challenge the law in court as unconstitutional because it sets the abortion limit prior to the prevalent judgment that “fetal viability” falls between 22 and 24 weeks and the law allegedly violates several judicial precedents post-Roe, such as the intentionally neglect to include rape, incest, and broad “health-related” clauses as valid exceptions to have an abortion.
Technically there are no judicial precedents for the pro-life Nebraska law because the newness of the standard that is the basis of the law. This will be a first-test case. There is reason to be optimistic that the U.S. Supreme Court—if the case makes it that far—might very well uphold the law. In the best case scenario, there are at least fives justices (the same five that upheld the ban on partial-birth abortion) who would seriously consider a persuasive case of state interest in preserving unborn human life given the considerable amount of medical evidence that unborn children are capable of feeling pain at 20 weeks during an abortion.
The full text of the new abortion law can be found here.
Coincidentally, the same day the Republican governor also signed a separate law requiring health care providers to screen women seeking abortions for possible physical or mental risks before and after the procedure with failure to comply resulting in fines up to $10,000. He has stated his intention to defend these pro-life victories against legal challenges if necessary.
(Biretta Tip: Lucianne)
It seems like one thing that nearly anyone on any side of the political spectrum should be able to agree on is that Senator Nelson extracting a provision for the federal government to foot the entire unfunded liability for Medicaid in the state of Nebraska (and for no other state) in perpetuity as the cost of his agreeing to support the current Senate health care bill compromise is reprehensible in the extreme.
One would like to think that such decisions would be made, in a Republic, based on a senator’s understanding of whether a bill was actually good for the country as a whole — not based on bribery. Senator Nelson should be ashamed of himself, and so should the Senate leadership which agreed to provide such a buy-off.
By a vote of 60-40 early this morning in the Senate, the Democrats, with not a Republican vote, voted to cede power to the Republicans in 2010. The Democrats thought they were voting to invoke cloture on the ObamaCare bill, but the consequences of the passage of this bill, assuming that it passes the House, will likely be to transform a bad year for the Democrats next year into an epoch shaping defeat. As Jay Cost brilliantly notes here at RealClearPolitics:
“Make no mistake. This bill is so unpopular because it has all the characteristics that most Americans find so noxious about Washington.
It stinks of politics. Why is there such a rush to pass this bill now? It’s because the President of the United States recognizes that it is hurting his numbers, and he wants it off the agenda. It might not be ready to be passed. In fact, it’s obviously not ready! Yet that doesn’t matter. The President wants this out of the way by his State of the Union Address. This is nakedly self-interested political calculation by the President – nothing more and nothing less.
(Updates at the bottom of this article.)
Harry Reid was able to make huge concessions to the state of Nebraska and bought Senator Ben Nelson’s vote a la Mary Landrieu. The vote seems headed to the floor with all 60 votes secured to impose on American’s draconian laws that would hike insurance rates and begin the downward slope towards European style socialism.
Nelson secured full federal funding for his state to expand Medicaid coverage to all individuals below 133 percent of the federal poverty level. Other states must pay a small portion of the additional cost. He won concessions for qualifying nonprofit insurers and for Medigap providers from a new insurance tax. He also was able to roll back cuts to health savings accounts.
What’s in the bill that I’m aware of? I’ve broken down the Washington Post article almost verbatim below: