In April 2010, Nebraska Governor Dave Heinman signed a statute into law banning "abortions beyond 20 weeks of gestation based on disputed claims that a fetus begins to feel pain at that stage." The statute provides for an exception for medical emergencies. According to Denise M. Burke, vice president of legal affairs for Americans United for Life, a nonprofit policy organization that is anti-abortion, the Nebraskan statute "is the first to ban abortion based on that premise." Furthermore, Burke claims "the legislation was bolstered by the 2007 Supreme Court ruling in Gonzales v. Carhart that upheld the federal Partial-Birth Abortion Ban Act of 2003." Considering Stenberg v. Carhart (2000) and Gonzales v. Carhart (2007), would such legislation survive a constitutional challenge before the Supreme Court?
Information from HYPERLINK "http://www.ama-assn.org/amednews/2010/05/10/gvl20510.htm" http://www.ama-assn.org/amednews/2010/05/10/gvl20510.htm, Amednews.com published by the American Medical Association Accessed July 20, 2010.

Question

Quizplus · Accepted Answer

The Answer is The constitutionality of the Nebraskan statute banning abortions beyond 20 weeks of gestation, with exceptions for medical emergencies, would likely be challenged before the Supreme Court. The statute is based on the premise that a fetus begins to feel pain at 20 weeks, which is a disputed claim. The Supreme Court has previously ruled on abortion-related cases, including Stenberg v. Carhart (2000) and Gonzales v. Carhart (2007), which upheld the federal Partial-Birth Abortion Ban Act of 2003. These rulings provide some precedent for the Nebraskan statute, but the specific issue of banning abortions based on the claim of fetal pain at 20 weeks has not been directly addressed by the Court. The outcome of a constitutional challenge would depend on the specific arguments and evidence presented, as well as the composition of the Court at the time of the challenge.

In April 2010, Nebraska Governor Dave Heinman Signed a Statute