After the Nebraska attorney general refused to defend a legal challenge to the informed consent law (requiring mothers be given abortion information), a federal judge ruled that such requirements place 'an undue burden' hardship on the mother and the abortionist.
-- From "Neb. AG won't defend law on abortion screenings" by Timberly Ross, Associated Press 8/18/10
Attorney General Jon Bruning agreed to a permanent federal injunction against enforcement of the law . . .
Planned Parenthood of the Heartland filed a lawsuit last month in U.S. District Court in Nebraska over the law approved in the spring by state lawmakers. The group said the measure could be difficult to comply with and could require doctors to give women irrelevant information.
The law would require women wanting abortions to be screened by doctors or other health professionals to determine whether they had risk factors indicating they could have mental or physical problems after an abortion. If screening wasn't performed or was performed inadequately, a woman with mental or physical problems resulting from an abortion could file a civil lawsuit, according to the law. Doctors would not face criminal charges or lose their medical licenses.
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From "Judge tosses abortion-info mandate as 'undue burden'" by Michael Carl © 2010 WorldNetDaily 8/25/10
In a ruling praised by abortion industry leaders, U.S. District Judge Laurie Smith Camp issued a permanent injunction against Legislative Bill 594, which she opined placed "an undue burden" on doctors and patients.
Camp wrote in her opinion that while the law addresses the state's interest in protecting human life, it places "substantial, likely insurmountable, obstacles in the path of women seeking abortions in Nebraska."
The final judgment published this week adds that the state of Nebraska is prohibited from trying to overturn the decision in the legislature.
American Life League President Judie Brown said although the decision is bad for Nebraska's pro-life supporters, it won't impact the rest of the nation yet.
Brown and other pro-life activists say the ruling is not likely to affect Nebraska's other pro-life statutes.
And, Brown said, this is why her organization encourages pro-life activists to work for personhood amendments to their state constitutions.
"If they get behind human personhood amendments, these problems would go away and babies would be protected and the issue of abortion would be over," Brown added.
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