About one-fifth of American states restrict abortion after 20 weeks gestation now that the Republican dominated, pro-life legislature of Arkansas voted to override a veto by Democrat Gov. Mike Beebe. The basis of the law is scientific evidence that the unborn baby feels pain after 20 weeks.
Further, the Arkansas Senate just passed the "heartbeat bill" that would restrict abortion after 12 weeks gestation; such a limit has yet to become law in any state.
For background, read 'Late-Term' Abortion Redefined: Fetal Pain and also read Pro-life Legislation Floods America as well as Missouri Dem. Gov. Gives on Abortion Restrictions
Critics say limiting abortion at 20 weeks in Arizona Cuts the Available Time to Kill Disabled Unborn Babies
UPDATE 3/7/13: Arkansas 12-week Limit becomes Law (over Gov. veto)
-- From "Arkansas Senate overrides veto of ban on most abortions starting in 20th week of pregnancy" by The Associated Press 2/28/13
The Republican-led Senate voted 19-14 along party lines to override Democratic Gov. Mike Beebe’s veto of a bill barring most abortions starting in the 20th week of pregnancy that was based on the disputed notion that a fetus can feel pain by that point. The Arkansas House voted to override the veto Wednesday. A simple majority was needed in each chamber.
That law, which took effect immediately but which will likely be challenged in court, includes exemptions for rape, incest and the life of the mother.
After overriding the veto, the Senate voted 26-8 in support of a separate measure that would outlaw most abortions starting in the 12th week of pregnancy. In addition to the exemptions for rape, incest and the mother’s life, it would allow abortions when lethal fetal conditions are detected.
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From "Arkansas Law Restricts When Abortion May Occur" by Robbie Brown, New York Times 2/28/13
. . . The 20-week limit also violates the legal threshold set by the Supreme Court, which has held that states cannot ban abortions before the fetus becomes viable. Such a limit has not yet been tested by the courts.
Jason Rapert, an Arkansas state senator who sponsored the 12-week limit, says the Supreme Court provides too little guidance on determining viability, but that a heartbeat is an early sign of life. His goal is to prevent what he described as “abortion being used as birth control.”
The American Civil Liberties Union has said it will challenge both of Arkansas’s laws. A Planned Parenthood statement called the 12-week ban “blatantly unconstitutional” and “a brazen affront to the needs of women.”
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From "Arkansas enacts abortion ban for babies feeling pain over Democratic governor's veto" by Ben Johnson, LifeSiteNews.com 2/28/13
Party loyalty and claims of impending legislation caused many Democrats to change their votes on House Bill 1037, which was introduced by Andy Mayberry. The original measure passed the House with 80 votes. Mayberry said yesterday he “started to get some warning signals” that the override vote “might be extremely close.”
The media have largely reported that there is no scientific evidence supporting the notion that children can feel pain at that stage of development. However, in 2011 the Chronicle of Higher Education presented testimony from researchers in neonatology and pediatrics that children at that stage of development could experience physical suffering.
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From "Arkansas Legislature Overrides Gov. Beebe's Veto of 20-Week Abortion Ban" by Melissa Barnhart, Christian Post Contributor 3/1/13
Beebe, who vetoed HB 1037 earlier this week, said in his veto letter that he's concerned about legal costs the state could incur if an outside organization decides to challenge the constitutionality of the bill.
"In the last case in which the constitutionality of an Arkansas abortion statute was challenged, Little Rock Family Planning Services v. Jegley (1999), the state was ordered to pay the prevailing plaintiffs and their attorneys nearly $119,000 for work in the trial court, and an additional $28,900 for work on the state's unsuccessful appeal," said Beebe.
According to Mayberry, the American Civil Liberties Union (ACLU), has claimed that they will challenge the law.
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