Nebraska RTL Press Release on Fetal Pain Bill

Julie Schmit-Albin, Executive Director of Nebraska Right to Life, was like the rest of us in waiting for the pro-abortion lobby to try and use the courts to derail LB 1103, Nebraska's Pain Capable Unborn Child Protection Act, which would otherwise go into effect today. As the law was written in such a way that opponents would look quite obscurantist and cruel in fighting it, that hasn't happened. And so Julie sent out the following press release this morning.

NEBRASKA BREAKS NEW GROUND IN ABORTION LAW WITH ENACTMENT OF LB 1103, PAIN CAPABLE UNBORN CHILD PROTECTION ACT

LINCOLN----LB 1103, Nebraska's ban on abortions of unborn babies who are capable of feeling pain at 20 weeks' gestation, appears to be going into effect on its enactment date today.

"While LB 1103 was going through the Nebraska Legislature last Spring, abortion adovcates asserted that a legal challenge was forthcoming." said Julie Schmit-Albin, Executive Director of Nebraska Right to Life. "Apparently cooler heads prevailed over the summer as our adversaries think twice about bringing higher Court scrutiny of LB 1103. They can't risk taking Nebraska's fetal pain ban all the way to the U.S. Supreme Court, for fear that the new line of demarcation for abortion under Roe will be pain instead of viabilty."

LB 1103 was Nebraska Right to Life's priority legislation for the 2010 legislative session and they worked closely with Speaker Mike Flood, sponsor, to ensure its passage.

"The legislative record for LB 1103 is solid, in both committee testimony and floor debate." said Schmit-Albin. "If our opponents ultimately challenge the legislation, they are going to have a very difficult time refuting the documented medical studies which show unborn children experience pain by 20 weeks gestation."

Schmit-Albin said NRL has been contacted by a number of other state affiliates of National Right to Life which want to enact a fetal pain ban in their states.

"The issue of fetal pain is going to be discussed on a national stage through many State Legislatures." said Schmit-Albin. "It's a debate our opponents are dreading. They never saw LB 1103 coming, they couldn't stop it and now they know America will be talking about the pain that unborn babies feel during abortion. The abortion industry is in a world of hurt on the fetal pain issue and they haven't found a way to handle this debate."

Julie and her team deserve our undying gratitude for the work they put into this momentous legislation as do Speaker Flood, the State Senators who championed it and enlightened pro-life citizens across the state who promoted it and prayed for its passage.

Certainly, our prayers and pro-life efforts on every front must continue apace but this is a very important step forward in dismantling the protections of legalized abortion.

"Pain-Capable Unborn Child Protection Act" Advances

National Right to Life weighed in on Tuesday night's first-round passage of LB 1103 in the Nebraska legislature. Check it out.

LINCOLN---Tuesday's first round floor debate and passage of Legislative Bill 1103 was hailed by Nebraska Right to Life for its innovative approach to ban abortions performed on unborn babies who have been medically documented as pain-capable at 20 weeks gestation. The vote in the Senate on the "Pain-Capable Unborn Child Protection Act" was 38-5. LB 1103 now advances to a second round of debate.

Nebraska's unicameral legislature contains one house, made up of 49 state senators. Twenty-five votes are necessary to pass legislation.

Sponsored by Nebraska State Senator and Speaker of the Legislature Mike Flood, LB 1103 would prohibit abortions other than in cases of a medical emergency after the unborn child is capable of feeling pain. The bill defines this as occurring at twenty weeks, which is the medical consensus.

"In Nebraska we don't treat livestock or the family pets in the manner that unborn children are treated, particularly those who are 20 weeks gestation and older who are aborted at LeRoy Carhart's abortion facility in Bellevue," said Julie Schmit-Albin, Executive Director of Nebraska Right to Life. "By his own admission Carhart does hundreds of late term abortions a year. LB 1103 would go a long way in averting late term abortions done on babies 20 weeks and older who can feel pain."

Schmit-Albin added, "We applaud Speaker Mike Flood and his staff for their efforts to bring LB 1103 to the full Legislature and are pleased that it passed first round debate on a vote of 38 to 5."

She noted that there are still challenges ahead. "Of course our adversaries would love to nullify the intent of LB 1103 with weakening amendments on the medical emergency exception or fetal anomaly situations" Schmit-Albin explained that "Nebraska's current post-viability statute has that kind of broad health exception which you could drive a truck through and which has allowed Carhart to do abortions through the third trimester. Our current statute is completely useless in addressing the new documentation of when unborn babies feel pain. Toward that end we will urge senators to reject any further weakening amendments and pass LB 1103 with the original provisions intact."

Nebraska Governor Signs Trailblazing Pro-Life Bills

Both LB 1103 and LB 594 represent groundbreaking abortion legislation. Both were passed by overwhelming margins in the Nebraska Unicameral. And yesterday, Nebraska Governor Dave Heineman signed both into law, effective in October.

Perhaps notorious abortionist Leroy Carhart's plan to make Nebraska the center for late term abortion isn't going to work out after all.

LB 1103 bans abortion beginning at the 20th week after conception and is based on scientific findings that a fetus of that age can feel pain. And anyone who would perform an abortion after 20 weeks could be charged with a felony.

LB 594 is simply "informed consent" legislation that allows for civil lawsuits against abortionists who fail to screen women for risk factors of abortion and/or to inform them of the potential complications of the abortion procedure.

Not surprisingly, the pro-abortion groups are furious and, as they tend to be even when the most common sense abortion restriction is suggested, they're downright irrational too. For instance, in a letter to Governor Heineman which urged him to veto LB 594, the Center for Reproductive Rights claimed that it would "require doctors to violate medical ethics and standards of care."

Huh?

How on earth do requirements for an abortionist to screen his patients for risk factors and inform them of possible side-effects and complications (which other doctors are required to do for any other medical procedure) "violate medical ethics and standards of care?"

Nebraska Attorney General Jon Bruning knows the legislation will be challenged in the courts but he has expressed his commitment to defend it heartily. Undoubtedly, the challenge will center on "health of the mother" factors but LB 1103 (formally named the Pain Capable Unborn Child Protection Act) was written with constitutional review very much in mind. Thus, it prohibits abortion after 20 weeks gestation except when the mother "has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert death or to avert serious risk of substantial or irreversible physical impairment of a major bodily function or...it is necessary to preserve the life of an unborn child."

Attorney Mary Spaulding Balch, the Director of State Legislation for National Right to Life says, "Although it will be a case of first impression, there are strong grounds to believe that five members of the current U.S. Supreme Court would give serious consideration to Nebraska’s assertion of a compelling state interest in preserving the life of an unborn child whom substantial medical evidence indicates is capable of feeling pain during an abortion.”

"For years Leroy Carhart has thumbed his nose at Nebraska's outdated post viability statute which contains a health exception you could drive a Mack truck through." But Nebraska Right to Life Director Julie Schmit-Albin says the Unicameral's bold decisions will correct that. "LB 1103 creates a case of first impression for the courts to acknowledge the capability to feel pain as a compelling state interest to protect those unborn babies from an excruciatingly painful death. The more narrowly defined medical emergency exception with an objective standard should go a long way towards closing the loopholes in current Nebraska statute."

Nebraska's Trailblazing Pro-Life Effort

"The objective of pro-life legislation is to save as many lives as possible while simultaneously sensitizing the public in as many ways as possible to see why abortion is hideous. For 2010, Exhibit “A” is Nebraska’s Abortion Pain Prevention Act."

That's National Right to Life's Dave Andrusko talking about LB 1103, a truly ground-breaking pro-life bill that we are encouraging Nebraskans to wholeheartedly support -- and for pro-life friends from other states to emulate. It is an example of visionary leadership from Speaker of the Legislature Mike Flood, several of his fellow state senators and the proactive staff of Nebraska Right to Life.

The Abortion Pain Prevention Act would provide a general prohibition on abortions performed when the probable gestational age of the unborn child is 20 or more weeks, unless, "in reasonable medical judgment," the woman is experiencing a medical emergency. Furthermore, the designers of the bill have carefully crafted it to meet judicial review and to require the abortionist to meet an objective standard regarding maternal risk, not merely his own opinion.

That's a huge step forward.

As I have written before, LB 1103 is "a bill that would not only greatly advance the educational purposes of the pro-life movement -- it would save lives." It really deserves our best efforts.

So Nebraskans, please send along your encouragement to your State Senator and the members of the Judiciary Committee to strongly, uncompromisingly support LB 1103. Those Committee members are: Ashford, Lathrop, Christensen, Coash, Council, Lautenbaugh, McGill and Rogert. And you can use this this page to find the appropriate e-mail addresses.

Support Nebraska's "Abortion Pain Prevention Act"

LB 1103 had its public hearing last week and will soon be voted on by the Nebraska Unicameral's Judiciary Committee. It is an extremely important bill that deserves our support.

It's title is "The Abortion Pain Prevention Act" and it would provide a general prohibition on abortions performed when the probable gestational age of the unborn child is 20 or more weeks, unless, "in reasonable medical judgment," the woman is experiencing a medical emergency. The bill bases the 20 week line on research concerning fetal development and ability to experience pain, abortion methods used at and after 20 weeks, anesthesia, and the state's interest in reducing or preventing actions that inflict pain.

It is, therefore, a bill that would not only greatly advance the educational purposes of the pro-life movement -- it would save lives.

Please send along your encouragement to your State Senator and the members of the Judiciary Committee to support LB 1103. Those Committee members are: Ashford, Lathrop, Christensen, Coash, Council, Lautenbaugh, McGill and Rogert.

Use this page to find the appropriate e-mail addresses.

Is There a "Culture Shift" on Abortion?

Is there light on the horizon for those desiring to re-build a culture of life? More specifically, is there evidence of a culture shift on the critical matter of abortion? Have the scientific advances in fetology and the proliferation of ultrasound images of babies in the womb opened our eyes...and tenderized our hearts towards the unborn?

Many point to the several opinion polls which have shown that young Americans are more pro-life than the previous generation; that is, that they desire more restrictions on "abortion rights" than their parents. That is certainly significant to the questions above. But there's other evidence too that Americans are finally getting the message that abortion is unnecessary, unconstitutional...and mean.

Consider the several Hollywood films of recent years which heralded pro-life decisions, the extensive grassroots opposition to the promotion of abortion that was packed into ObamaCare, the growing admiration and appreciation of adoption, the increasing calls for de-funding Planned Parenthood (as well as the closing of many of the abortion organization's offices), numerous state legislatures successfully scaling the heretofore unassailable wall of Roe v Wade, and the appearance of pro-life support in places where one didn't see it in years past.

A striking illustration of these last two areas is not only the advancement of LB 1103 in the Nebraska Unicameral (a groundbreaking bill that would significantly curtail late-term abortions) but the surprising (though grudging) support of that bill from the editors of the Lincoln Journal-Star, a newspaper with a long history of tilting pro-abortion -- but a newspaper which seems to be accepting at least some of the incontrovertible advances of fetology.

...Decades ago, the unchallenged medical doctrine was that the fetus - even a newborn - could feel no pain. They believed nervous systems were too immature to sense pain. Now a growing number of doctors believe there is considerable evidence that the contrary is true.

A 2008 story in The New York Times recounted how Dr. Kanwaljeet Anand decided the conventional thinking was erroneous. In clinical trials he showed that giving newborns anesthesia reduced "stress response" during surgery and lowered the mortality rate from 25 percent to 10 percent. Anand is convinced the fetus can feel pain at 20 weeks...

Back in 1973, when Roe v. Wade was decided, pro-choice advocates sometimes described the fetus as a "lump of tissue." But as Teresa Collett, a University of St. Thomas law professor, testified in Lincoln, "We didn't have a great deal of the medical knowledge that we've acquired," she said. "The current standard is viability, but the court has never said that is the exclusive standard."

Flood makes clear that he fully intends to shift the national abortion debate by setting a new standard that recognizes the state's interest in protecting the unborn from pain. "The science is compelling," he wrote on his Web site.

There's no way to know at this point if the courts will agree. But there's no doubt that the bill is a thoughtful, informed and heartfelt attempt to further define the government's role on this divisive issue.

No, the editorial isn't exactly applauding LB 1103. But again, those familiar with the newspaper's historic bias towards abortion know how dramatic a change is even this measured tone of respect for a pro-life bill.

Is there light on the horizon for those desiring to re-build a culture of life? Along with all of the other evidences I mentioned earlier, this LSJ editorial (and the fact that the Omaha World-Herald, also a newspaper known for favoring "abortion rights," today published an op/ed piece I wrote dealing with the issue) has put me in a hopeful mood. But our commitment to prayer and principled action must be redoubled in the coming months to make sure we take full advantage of that light.

(If you go today to the World-Herald, you can read that op/ed article. But since they only keep opinion articles online for a short time, I also print it in full in the Vital Signs Blog post immediately below.)

Nebraska Advances Ground-Breaking Pro-Life Bill

Nebraska lawmakers moved the state back into the spotlight of the national debate over abortion on Wednesday night. On a 38-5 vote, senators advanced a bill that would set a "bright line" when abortions could no longer be performed in the state.

Legislative Bill 1103, which was advanced to the second round of debate, would prohibit almost all abortions starting 20 weeks after fertilization — a point selected because that's when some experts believe a fetus begins to feel pain.

The bill, introduced by Speaker of the Legislature Sen. Mike Flood and 22 co-sponsors, is sure to spark a new legal battle over abortion rights that could go all the way to the U.S. Supreme Court...

The World-Herald later says that LB 1103 would "chip away at a key provision of the landmark Roe v. Wade decision." But, in truth, Roe v Wade was much more than a "landmark." It was a starkly unconstitutional decision which, in sweeping away each and every regulation of abortion that had been enacted by legislatures of all 50 states, was an affront not only to our nation's historic sanctity of life ethic but also to the balance of powers which are critical to the effectiveness of democracy.

And "chipping away"? Hardly a suitable term for something that would, in fact, build in the most common-sense and humane protection for viable preborn babies.

A better story was filed by the Lincoln Journal-Star:

The Nebraska Legislature took a step Tuesday night toward easing the state's abortion ban away from a nationally accepted standard of the viability of an unborn baby. A bill (LB1103) that gained first-round approval would move Nebraska's ban from the 24-week standard to 20 weeks.

But changing the date of viability wasn't the intent, said Speaker Mike Flood, the sponsor of the bill. "My bill doesn't have to do with viability. It has to do with when the fetus feels pain," Flood said. "That is a life ... worth protecting. To the extent there is consensus (on feeling pain), it's at 20 weeks," said Flood, of Norfolk.

At 20 weeks, the fetus will avoid painful stimuli, he said. Doctors give anesthesia to a fetus at that age when performing surgery or other procedures. The state has a duty to define its interests in the abortion debate, he said, and an obligation to protect life. The bill would be the first of its kind -- based on pain felt by a fetus.

Sen. Brad Ashford of Omaha, chairman of the Judiciary Committee, said Flood had done the state a valuable service in bringing a bill that allowed a discussion on where the line of viability should be drawn.

"I think Speaker Flood is right. I think the line is 20 weeks," Ashford said. "There is no question that there is fetal pain. ... Discussing this issue is very, very important."

The bill advanced to second-round debate on a 38-5 vote.

Lincoln Sen. Danielle Conrad, Lincoln Sen. Ken Haar and Omaha Sen. Brenda Council led the opposition to the bill, saying it was flawed, unconstitutional and put the state between a woman and her doctor.

Flood said he knew there was no more divisive issue than abortion. And it was particularly hard during the hearing on the bill to listen to situations of couples faced with advanced pregnancies in which unborn children had potentially fatal conditions. He didn't want to hurt people with his bill, he said.

"But I also ask the question, why does a baby that's going to be born with a disability become a better candidate for an abortion? Does their disability make them less human? Are they less deserving of the state's protection?" he said...

Senators accepted an amendment that would have the law go into effect on Oct. 15, three months later than it normally would become operative.

The law surely would be challenged in court, Conrad said, and both sides would need time to prepare for that.

Notes of thanks for Speaker Flood are very much in order. And other notes? Well, I'll let you know the vote breakdowns when they come in.

Please Mr. Postman, Look and See (Part Two)

Our P.A.L. Night letters and cards from the other evening are all sent out and winging their way towards their destination. With them go fervent prayers that our concerns will find a receptive hearing. It's been like that for almost 30 years now because P.A.L. Nights (Prayer, Action, Letter-Writing) have been a part of our pro-life ministry from the very beginning.

And whether they have occurred in the basement of our tiny apartment in south Omaha, a church cafeteria or Sunday School room, a restaurant, or now in the dining room here in our northwest Omaha cottage, our letter-writing parties have always featured a few common elements: pens and cards and stationary...coffee and tea and some simple type of desert...letter targets and tips and addresses. Those are all topped off by caring friends who want to do everything they can to make a difference for Christ in their culture.

It's no surprise then that the pro-life Christians who gather to write letters are generally the same people who man the literature booths, stand in the Life Chains, take on sidewalk counseling, help out the CPCs, visit in the nursing homes, and so on. Nor should it be surprising that the issues covered in the P.A.L. Night letters incorporate things besides abortion and euthanasia. As Christians, we understand that our light must shine into all areas of culture.

And those letters must be Christ-honoring in tone as well -- fair, firm and courteous.

In addition to letters of protest and letters which ask for attention to a particular issue, we are always pleased to show gratitude for good deeds done and favors bestowed. Therefore, thank yous are featured at just about every P.A.L. Night we've ever conducted. "Atta boy" notes were thus sent the other night to Congressmen Lee Terry and Jeff Fortenberry, Senator Mike Johanns, State Senator Mike Flood and others who helped promote and pass LB 1103 here in Nebraska, and a few more.

Other issues covered included many that came from the "Taking Action" posts that have shown up here at Vital Signs Blog. They included letters urging the Nebraska Attorney General to take greater responsibility in investigating charges against late-term abortionist Leroy Carhart, protesting the shameful action of the Obama administration's joining in the persecution of a German home-school family, and asking Congressmen and the UN Secretary-General to lodge protests of Communist China's barbaric persecution of Gao Zhisheng.

Indeed, it is through the internet that most of this kind of activity now occurs. Not that there ever were many people who took the time to respond to the issues swirling around them by writing letters, but the ones who once did now utilize e-mail. That's terrific and we strongly endorse and applaud those efforts. That's why I so frequently encourage you to take such action in these Vital Signs posts and why I specifically give you the contact information and even sample letters.

We've got to get out of the habit of just moaning and groaning and complaining to one another. We've got to take our complaints to the powers that be. As we've often phrased it, we need to stop whining and start shining!

But even with the technological revolution that has brought the internet to center stage, we know there is still something particularly potent about a real letter. With its rarity, its cost, and the time investment it represents, the letter that shows up in the editor's or businessman's or politician's office may well pack a greater punch than ever before. So, by all means, use the e-mail but don't lay aside completely the persuasive power of the handwritten letter.

In fact, I would urge you to consider making it a part of your week (a half hour of quiet, a cup of tea, and two or three letters). Make it a family project. "The family that writes together is right together" -- that sort of thing. Those of you who home school could make it a part of your civics class or "socialization" activity. One adult Sunday School class that we know carried on a successful letter-writing ministry for many years, making "P.A.L. Morning" a regular part of their monthly regimen.

For more on how to go about this kind of activity and for some nifty hints about targets, technique, frequency and so on, have a look at this ancient but ever-fresh page, Tips on Letter-Writing, from the Vital Signs Ministries web site.

And, oh yeah, I've got one more trick up my sleeve to try and stimulate your interest to write letters. Maybe it'll work and maybe it won't, but why not give it a try by checking out the video clips that appear in today's first post: Please Mr. Postman, Look and See (Part One). Have fun.

Speaking Truth to Power...Through Letters

Here's a sample of the letters written at the Vital Signs Ministries' P.A.L. Night last Monday. Please use them as stimulation for your own calls and letters.

Letters were sent by everyone present to Omaha City Council members (1819 Farnam, Suite LC-1, Omaha NE 68183) regarding their plans for new laws protecting, as a special class, sexual orientation, gender expression and gender identification. I've blogged about this on several occasions (try this one to start) but time is of the essence. Write and/or call (or do both) today. 444-5557 is the Council's office. 444-5555 is the Mayor's office.

Several wrote thank-you cards or letters to Senator Johanns for his reintroduction of the Unborn Child Pain Awareness Act in the Senate. Thanks were also sent to Nebraska Right to Life, Unicameral Speaker Mike Flood and others for their work in passing LB 1103, Nebraska's Pain Capable Unborn Child Protection Act. Also receiving thank-yous were Ken and Joni Erackson-Tada, Eternal Perspective Ministries, Nebraska Family Council, Pat and Carol Eberly for organizing the Life Chain, et al.

Letters were also sent to our Congressmen about the issue of gerrymandering (see this Vital Signs post) and about Colorado Congressman Mike Coffman's bill requiring a 2-week furlough on all but critical federal workers.

Several letters of protest were sent to Mattel Toys for their heartless, unjust actions in pursuing a senseless copyright infringement lawsuit. Here's a few:

Dear Sir,

You missed a wonderful chance to “mentor” a smaller toy company who was developing a product line for children with special needs. Super Duper used the words “Say” and “And Say” in their books. They helped many children. Shouldn’t you champion this? You are about children, aren’t you? It’s about sharing, not suing!

Hope you will withdraw your suit and give Super Duper all the help in the world to continue their valuable work.

Sincerely,
Carol Coppi

To Whom It May Concern:

I’m writing this letter to let you know how disappointed I am in your company for requiring SPD to cease making toys that say “Say.” Is your company so insecure that your product won’t be “as good” as what SPD puts out that you felt no one can make a toy with those words? These toys by SPD were designed to help children with autism and speech problems.

I have 12 grandchildren and 2 great grandchildren and I will no longer buy them toys made by Mattel and will encourage my children and siblings to do the same.

I can’t express enough how disappointed I am with your company.

Alberta Kohls

Dear Mattel Toys,

In light of your company’s heartless actions against Super Duper Publications, including the insistence that they destroy material that could have been given to kids with special needs, I write this protest note on Charles Dickens stationery. (He wrote a lot about cads and skinflints and scalawags.) I will, until you desist in this unjust action, avoid Mattel products completely and urge others to do likewise.

Denny Hartford

And finally, a couple of letters zipped toward the White House, including this one

Dear Mr. President,

I know I’m touching on a sore subject here but it certainly seems that it’s not only the question of when human life begins that is “above your pay grade” but also economic realities, illegal immigration, a basic grasp of the U.S. Constitution, the geopolitical responsibility our nation holds, and so much more.

Please reconsider the disastrous course which you have charted for our country. Start over with a renewed respect for America’s traditional values, for Constitutional protections of speech and religion, for the Judeo-Christian ethos regarding sexuality and the sanctity of life and put America back on the right track.

Denny Hartford
Director, Vital Signs Ministries
Teaching pastor, Faith Bible Church

How about your letters? Are they already in the mail? Or perhaps you'll get to them this afternoon or evening? Great!