A bill (LB 104) has been introduced in Nebraska which would prohibit the performance of abortions after the fetus has the “physical structures necessary to experience pain.” The bill would require that an abortionist determine the gestational age of the unborn child before performing an abortion. It is well established scientifically that by 20 weeks gestation, the unborn child experiences substantial pain. The impact of this bill, if passed and upheld, is that abortions after about 20 weeks or later would no longer be legal if a state passes a law prohibiting such abortions.
LB 104, of course, flies in the face of the 1973 Roe v. Wade decision and presents a new challenge to the holdings in Roe which allows abortions to be performed throughout the full nine months of pregnancy.
Nebraska is a good state in which to set up such a challenge since notorious abortionist LeRoy Carhart publicly claims that he does abortions at 24 weeks gestation. Carhart has also assumed the mantle of the late George Tiller as the person to whom women can turn late in pregnancy for an abortion.
A bill and a state to watch as the first of its kind in the nation.
Read an analysis of the bill here.