The State of Abortion Law in the U.S.

November 20, 2013

This week, voters in Albuquerque (ABQ) voted no on a local ordinance proposal that would have banned abortions past 20 weeks gestation, the age at which we know preborn children can feel pain. If passed, the ordinance would have protected countless women and children from the barbaric practice of late-term abortion in what many have called the late term capitol of the United States. The United States is one of only four countries in the world that permit the brutal practice for any reason.

This measure, although defeated, served an inestimably important educational function. The hard work that was put into the measure was not in vain. Due to efforts such as these, people are waking up to the fact that abortion necessarily involves two lives and that late term abortion is an unnecessary evil. In fact, 64% of Americans support banning the practice of late-term abortion. We must build on this effort in ABQ and begin to introduce similar legislation in cities across the country. These efforts go a long way towards exposing the truth about abortion. They also force those who support the heinous practice to defend themselves in light of the reality that abortion causes excruciating pain to the preborn child and is dangerous for the mother.

Also this week, the U.S. Supreme Court denied an emergency stay of the Texas law that requires abortionists to obtain admitting privileges in local hospitals. The denial of stay indicates that the Fifth Circuit’s refusal to enjoin the law pending a decision on the merits is not clearly erroneous. Thus, the Texas law will remain in effect until the Fifth Circuit has decided the case on its merits. As Ken Klukowski noted, the dissent in this decision indicated that it is likely that the Court will take up this case eventually. If it does, this will be the first abortion case taken up by the Court since 2007.

Meanwhile, the federal Unborn Child Pain Capable Protection Act, which handily passed the House in June, was introduced in the Senate by Sen. Lindsay Graham (R-S.C.). The bill is expected to generate a spirited debate if permitted to come to a vote. Introduction of such bills and public debate is essential to a robust Republic. The American people deserve to know the truth about abortion and must be allowed to express their will through their representatives. The will of the people was suppressed by the Court in 1973 with the decision in Roe v. Wade, but recent legislative movements to restrict abortion across the country show that even 40 years later, the people are still fighting for their right to be heard on the issue.